Opinion
SC 163219 COA 355046
11-29-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. THOMAS EMERSON MEEKER, Defendant-Appellee.
Jackson CC: 19-001610-FH
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 application for leave to appeal the May 6, 2021 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 opinion failed to address the arguments raised by the prosecutor on appeal. On remand, the Court of Appeals shall address and resolve, in addition to any other issues necessary to the resolution of this case: (1) whether the trial court improperly applied a good faith standard when determining that the defendant was entitled to immunity under MCL 333.7403(3)(a); and (2) if so, whether a remand to the trial court is necessary to apply the correct standard and to determine whether the defendant was "incapacitated" under MCL 333.7403(3)(a) in the first instance.