Opinion
362461
08-18-2022
People of Michigan v. D'Andre Rashad Mitchell
LC No. 22-003506-01-FC
Thomas C. Cameron Presiding Judge, Michael J. Riordan, Kristina Robinson Garrett Judges
ORDER
Pursuant to MCR 6.106(H)(1) and MCR 7.216(A)(7), the motion to review bail is GRANTED in part and DENIED in part, the Wayne Circuit Court's July 29, 2022 order is VACATED, and this matter is REMANDED to that Court for further proceedings consistent with this order. Under Const 1963, art 1, § 15, "a defendant is entitled to have bail set by the trial court except in certain circumstances, such as when a defendant is charged with murder and the proof of the defendant's guilt is evident or the presumption great." People v Davis, 337 Mich.App. 67, 86; 972 N.W.2d 304 (2021) (emphasis added). By failing to state findings with regard to "whether the proof is evident or the presumption is great before denying bail," the trial court necessarily abused its discretion. See id. at 77. Thus, we grant the instant motion insofar as defendant seeks a ruling that the trial court abused its discretion. But we deny the motion insofar as defendant seeks an order directing the circuit court to grant him pretrial release. In short, defendant has failed to provide this Court with the necessary evidentiary record to determine whether such relief is warranted-particularly the relevant surveillance footage. See MCR 6.106(H)(2)(c) ("The party seeking modification of a release decision has the burden of going forward."). On remand, the circuit court shall promptly reconsider this matter and must either (1) make the findings required to justify denying pretrial release under Const 1963, art 1, § 15, or (2) grant defendant pretrial release under appropriate bond conditions.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.