Opinion
SC 163769 (15) COA 359012
12-10-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. SETH VINCENT HORTON, Defendant-Appellant.
Chippewa CC: 19-003955-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the November 15, 2021 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted of the Chippewa Circuit Court's decision allowing the prosecution to introduce evidence of the complaining witness's death. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. We note that the Court of Appeals has granted a different application for leave to appeal involving the same defendant and pending trial. See People v Horton, unpublished order of the Court of Appeals, entered November 15, 2021 (Docket No. 359218).