Opinion
367256
07-10-2024
PEOPLE OF MICHIGAN v. CALVIN DEXTER STEWART
LC No. 21-001737-FH; 21-001740-FC
Kathleen Jansen Presiding Judge Michael J. Kelly Christopher P. Yates Judges
ORDER
The motion to remand is DENIED for failure to persuade the Court of the necessity of a remand at this time. Denial of remand is without prejudice to a case call panel of this Court determining that remand is necessary once the case is submitted on a session calendar.
Jansen, P.J., would GRANT the motion to remand in light of the evidence defendant presented at the hearing in the trial court on his motion for a new trial and an evidentiary hearing. Defendant relied on the report of Dr. Thomas D. Shazer, a psychologist, who concluded that defendant was not competent to stand trial. No other evidence was presented to dispute the evaluation by Dr. Shazer, and there were no findings by the trial court questioning the credibility or reliability of Dr. Shazer's expert report. "Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination ...." MCL 330.2026(1); see also MCR 6.125(C)(1). I would therefore GRANT defendant's motion and remand to the trial court to refer defendant to the Forensic Center for a competency evaluation.