Opinion
Docket No. 153222. COA No. 319227.
11-04-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Ghassan Salim SARDY, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the December 29, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II of the Court of Appeals opinion and we REMAND this case to that court for reconsideration of: (1) whether the complainant was unavailable for Confrontation Clause purposes, see Crawford v. Washington, 541 U.S. 36, 59 n. 9, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and United States v. Owens, 484 U.S. 554, 559–560, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988) ; and (2) whether the defendant's confrontation rights were violated at trial by the trial court's limitation on cross-examination of the complainant, compare Owens, supra, with Delaware v. Van Arsdall, 475 U.S. 673, 679, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986). 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.