Opinion
SC 164677 COA 361197
02-03-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. TRISTIAN MICHAEL HORNEY, Defendant-Appellant.
Monroe CC: 19-245452-FH
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
By order of October 31, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the June 13, 2022 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 REMAND this case to the Court of Appeals as on leave granted, and DIRECT that court to decide this case on an expedited basis considering that defendant's earliest release date is August 1, 2023.
Zahra, J., would deny leave to appeal.