Opinion
SC: 163180 COA: 356670
03-18-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ricky Eugene GROSS, Jr., Defendant-Appellant.
Order
By order of September 10, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the May 20, 2021 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Wayne Circuit Court for an evidentiary hearing to determine if the subject of the defendant's offer of proof is evidence which was not discovered before his first motion for relief from judgment, MCR 6.502(G)(2), and if so, whether defendant is entitled to a new trial. Brady v Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) ; People v Cress , 468 Mich. 678, 664 N.W.2d 174 (2003). The motion for bond is DENIED.
Zahra and Viviano, JJ., would deny leave to appeal.