Opinion
SC 166594 COA 363575
05-31-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BOBBY EMMITT KENNEDY, Defendant-Appellant.
Kent CC: 03-011966-FC
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
On order of the Court, the application for leave to appeal the December 14, 2023 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 the judgment of the Court of Appeals and REMAND this case to that court for reconsideration. The Court of Appeals erred in its retroactivity analysis because it based that analysis on the incorrect understanding that the defendant did not receive a preliminary examination. The record reflects, however, and the defendant indicates, that he did in fact receive a preliminary examination.