Opinion
SC 163653 COA 355427
09-21-2022
Cass CC: 17-010215-FC 18-010004-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
By order of December 22, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the September 23, 2021 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the July 17, 2020 and the July 20, 2020 orders of the Cass Circuit Court and we REMAND this case to that court. On remand, the trial court shall reconsider the defendant's request to file a notice of insanity and his request for an examination at the Center for Forensic Psychiatry pursuant to MCL 768.20a(2) and MCL 768.21a(1). 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.
We do not retain jurisdiction.