Opinion
362325
12-02-2022
People of Michigan v. Anttwan L Richey
LC No. 99-000028-01-FC
Anica Letica Presiding Judge Noah P. Hood Kristina Robinson Garrett Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's February 10, 2022 opinion and order denying defendant's successive motion for relief from judgment and REMAND this matter to that court for further proceedings consistent with this order. On remand, the trial court will reconsider this matter after conducting an evidentiary hearing with regard to defendant's newly discovered evidence. As to credibility issues, the trial court should again employ the "reasonable juror" standard set forth in People v Johnson, 502 Mich. 541; 918 N.W.2d 676 (2018). However, the court should also be mindful that, in employing that standard, it is required to consider both "the evidence that was previously introduced at trial" and "the evidence that would be admitted at retrial[.]" See id. at 571. Specifically, with regard to what evidence would be properly admitted on retrial, the trial court should remain cognizant of this Court's prior holding that, "to the extent that [Jimavis] Hatchett did not admit, or could not recall, making certain statements to the police," her written "statement was not properly read to the jury as substantive evidence under MRE 803(5)." See People v Richey, unpublished per curiam opinion of the Court of Appeals, issued November 16, 2001 (Docket No. 221306), p 2.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.