Opinion
No. 116497 (52).
December 5, 2000.
COA: 207358, Calhoun CC: 97-000307-FC
By order of May 31, 2000, the application for leave to appeal was held in abeyance pending the decision in People v Sabin (Docket No. 114953), and the application to appeal as cross-appellant remained under consideration. On order of the court, the decision having been issued on July 27, 2000, 463 Mich. 43 (2000), the applications are again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and REMAND this case to the Court of Appeals for reconsideration in light of People v Sabin, supra. On remand, the Court of Appeals is specifically directed to address, among the issues raised, whether the trial court abused its discretion in concluding that alleged similarities between the peculiarities in the assaultive conduct of defendant against the three adult witnesses and the injuries suffered by the victim justified admission of the evidence in question under a "scheme, plan, or system" theory. The Court of Appeals shall allow the parties to file supplemental briefs. If the Court of Appeals rejects defendant's arguments regarding the admission of the prior acts evidence, then it shall consider the remaining issues raised in defendant's appeal.
We do not retain jurisdiction.