Opinion
360053
07-27-2022
People of MI v. Nickolas Patrick Hipps
LC No. 21-048448-FH.
Mark J. Cavanagh, Presiding Judge, Kathleen Jansen, Deborah A. Servitto, Judges.
ORDER
By order of March 24, 2022 the application for leave to appeal the January 12, 2022 order was held in abeyance pending a decision in People v Nancy Peeler, Michigan Supreme Court No. 163667. On June 28, 2022, the Supreme Court issued its decision in Peeler, holding that "if a criminal process begins with a one-man grand jury, the accused is entitled to a preliminary examination before being brought to trial." People v Peeler, Mich.; N.W.2d (June 28, 2022, Docket No. 163667), slip op at 15-16. The Court reversed the trial court's order denying defendant Peeler's motion to remand for a preliminary examination and remanded for further proceedings. Id. at 16. Because defendant in this case was indicted under the same one-person grand jury procedure at issue in Peeler, that case is directly on point and controls the outcome of this case. Accordingly, under MCR 7.205(E)(2), we REVERSE the January 12, 2022 order and REMAND for further proceedings as in Peeler.
We retain no further jurisdiction.