Opinion
SC: 160047 COA: 337912
12-23-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Reginald Keith HOLLEY, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the April 9, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II.C. of the judgment of the Court of Appeals, regarding newly discovered evidence, and we REMAND this case to the Wayne Circuit Court for reconsideration of the defendant’s motion for a new trial in light of People v. Johnson , 502 Mich. 541, 918 N.W.2d 676 (2018). On remand, the trial court shall determine whether the new evidence is credible and whether the impact of the new evidence, in conjunction with the evidence that would be presented on retrial, would make a different result probable on retrial. Id . at 566-567, 918 N.W.2d 676. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.