Opinion
SC 162326 COA 354388
10-20-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DEREK JAMES RAINBOLT, Defendant-Appellant.
Muskegon CC: 14-064458-FC
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 October 20, 2020 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the April 17, 2020 opinion and order of the Muskegon Circuit Court denying the defendant's motion for relief from judgment, and we REMAND this case to that court for reconsideration. On remand, the trial court shall consider whether Barbara Cross impermissibly vouched for the credibility of the victim by responding to the hypothetical question posed by the prosecutor (found on pages 45 to 47 of the October 8, 2014 trial transcript). See People v Peterson, 450 Mich. 349, 376-377 (1995); People v Thorpe, 504 Mich. 230, 256-259 (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.