Opinion
331903
10-19-2022
People of Michigan v. Kenneth Aaron Malone
LC No. 2015-001129-FH
Michael J. Kelly Brock A. Swartzle Judges
ORDER
Amy Ronayne Krause Presiding Judge
Pursuant to the February 2, 2022 order of the Michigan Supreme Court directing us to reconsider our May 4, 2016 denial of defendant's application for leave to appeal in light of People v Betts, 507 Mich. 527 (2021), and In re Daniel, Minor, Court of Appeals Docket Number 334057; having previously held this matter in abeyance pending a decision in In re Daniel, Minor; and this Court having decided In re Daniel, Minor on August 18, 2022, and denied reconsideration on October 14, 2022; defendant's application for leave to appeal is again CONSIDERED, and the application for leave to appeal is GRANTED. The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). This appeal is limited to the issues raised in the application and supporting brief. MCR 7.205(E)(4).
Ronayne Krause, P.J., states: I join in the majority's grant of leave to appeal. I further observe that although we were directed by our Supreme Court to "reconsider this case in light of In re Daniel, Minor," we were not expressly directed to follow In re Daniel, Minor. In light of the In re Daniel, Minor panel's decision not to publish its opinion in that case, seemingly contrary to several provisions within MCR 7.215(B), that decision has no precedential effect pursuant to MCR 7.215(C)(1). We are therefore not required to follow it, and, on plenary review, this Court is not even required to consider it persuasive. The bench, bar, and the people of the State of Michigan clearly need a published opinion to provide guidance regarding the important questions presented in this matter, and I respectfully urge this Court, upon plenary review, to provide one.