Opinion
SC 163987 COA 351389
06-03-2022
Berrien CC: 2018-000102-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the December 2, 2021 judgment of the Court of Appeals is considered. We DIRECT the Berrien County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. In particular, the prosecutor shall address Issue III in the defendant's application for leave to appeal. See People v Davis, Mich. (2022) (Docket No. 161396) (addressing the requirements for waiver and under what circumstances a defendant is entitled to relief under the plain error standard).
The application for leave to appeal remains pending.