Opinion
352569
08-25-2022
People of Michigan v. John Antonio Poole
LC No. 02-000893-02-FC
Christopher M. Murray Presiding Judge Thomas C. Cameron Kristina Robinson Garrett Judges
ORDER
This matter returns to this Court on remand from our Supreme Court. This Court's May 1, 2020 order having been vacated by People v Poole,___ Mich___,___; 977 N.W.2d 530 (2022), we hereby order as follows.
The motion to waive fees is again GRANTED for this case only.
The motion to hold this matter in abeyance pending a final decision in People v Manning, 506 Mich. 1033 (2020) is DENIED as moot.
The delayed 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). Pursuant to MCR 7.205(E)(4), this appeal will not be limited to the issues raised in the application. Rather, in their briefs on appeal, the parties shall address the issues specified by our Supreme Court in Poole, Mich. at___; 977 N.W.2d at 530-531. Because the prosecution failed to file an answer to the delayed application for leave to appeal in this Court, it must file an appellee's brief in reply to appellant's brief, either within 56 days of the Clerk's certification of this order as directed in MCR 6.509(C) and (D), or within the time stated in MCR 7.212(A)(2)(a), whichever is later.