Opinion
No. 129289.
January 27, 2006.
SC: 129289, COA: 258676, Wayne CC: 93-012011.
On order of the Court, the application for leave to appeal the June 24, 2005 order of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to answer the defendant's application for leave to appeal, including the issue of whether defendant is entitled to an evidentiary hearing on the question whether he is entitled to a new trial on the basis of newly discovered evidence.
The application for leave to appeal remains pending.
KELLY, J., would remand this case to the Wayne Circuit Court for an evidentiary hearing.