Opinion
Docket No. 144414. COA No. 279161.
2013-11-6
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Dennis Lee TOMASIK, Defendant–Appellant.
Prior report: Mich.App., 2011 WL 5964610.
Order
By order of April 3, 2013, the application for leave to appeal the November 29, 2011 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Musser (Docket No. 145237). On order of the Court, the case having been decided on July 12, 2013, 494 Mich. 337, 835 N.W.2d 319 (2013), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals. We REMAND this case to the Court of Appeals for reconsideration, in light of People v. Musser, 494 Mich. 337, 835 N.W.2d 319 (2013), People v. Kowalski, 492 Mich. 106, 821 N.W.2d 14 (2012), and People v. Grissom, 492 Mich. 296, 821 N.W.2d 50 (2012), of the following issues: (1) whether the Kent Circuit Court erred by admitting the entire recording of the defendant's interrogation; (2) whether the circuit court erred in admitting Thomas Cottrell's expert testimony regarding Child Sexually Abusive Accommodation Syndrome under current MRE 702, and, if so, whether the error was harmless; (3) whether the circuit court erred in denying the defendant's motion for a new trial based on the newly disclosed impeachment evidence of the March 26, 2003 report authored by Timothy Zwart and the March 1, 2003 form completed by Denise Joseph–Enders; and (4) whether the defendant's trial counsel was ineffective by failing to object to the admission of the defendant's entire interrogation, by failing to object to Thomas Cottrell's testimony, and by failing to procure the expert testimony of Jeffrey Kieliszewski to challenge the testimony of Thomas Cottrell. 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.