Opinion
SC 165529 COA 363652
10-27-2023
Calhoun CC: 2006-000027-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the March 14, 2023 order of the Court of Appeals is considered. We DIRECT the plaintiff-appellee to answer the application for leave to appeal within 28 days after the date of this order. In particular, the plaintiff-appellee shall address: (1) whether the Calhoun Circuit Court failed to provide "a concise statement of the reasons for the denial" of the defendant's motion for relief from judgment as required by MCR 6.504(B)(2); see People v. Finnie, 504 Mich. 968 (2019); People v. Holmes, 505 Mich. 856 (2019); People v. Kuzma, 508 Mich. 912 (2021); and (2) whether trial counsel was ineffective by failing to seek exclusion from trial of the complainant's in-court identification and whether appellate counsel was ineffective for failing to raise that issue on direct appeal.
The application for leave to appeal remains pending.