Opinion
SC: 159313 COA: 345529
12-11-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Derek James RAINBOLT, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the January 22, 2019 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Muskegon Circuit Court for reconsideration of the defendant’s challenge to Barbara Cross’s testimony, first addressed in the circuit court’s March 15, 2018 opinion denying relief from judgment, in light of People v. Thorpe , 504 Mich. 230, 934 N.W.2d 693 (2019). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.