Opinion
No. 111960 (44).
November 30, 1999.
On order of the Court, the application for leave to appeal and the prosecutor's response to this Court's January 27, 1999 order to show cause are considered. We REMAND this case to the Montcalm Circuit Court for an evidentiary hearing at which defense counsel can ask witness Rambadt the questions that were foreclosed by the disputed ruling of the circuit court, and the prosecuting attorney can cross-examine Mr. Rambadt. The hearing shall take place within 28 days of the date of this order and the Montcalm Circuit Court shall direct that a transcript of the hearing be filed with the Clerk of the Supreme Court within 21 days after the date of the hearing. Within 21 days after the transcript is filed, the parties may file supplemental briefs with the Clerk of the Supreme Court, addressing the issues whether the circuit court's evidentiary ruling was error; whether the error, if any, was of a constitutional or nonconstitutional nature; and whether the error, if any, was harmless.
We retain jurisdiction, and the application remains pending.