Opinion
SC: 163985 COA: 353914
09-30-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Porsha Monique TYLER, Defendant-Appellant.
Order
By order of April 15, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the December 2, 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. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals. We REMAND this case to the Court of Appeals, which, while retaining jurisdiction, shall remand this case to the Macomb Circuit Court to conduct an evidentiary hearing pursuant to People v Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973). At the conclusion of the hearing, the trial court shall determine whether the defendant's trial counsel provided ineffective assistance for failing to move to suppress the evidence obtained from the warrantless inventory vehicle search, and specifically for failing to inquire regarding the existence of a policy of the Warren Police Department regarding inventory searches of vehicles, and for failing to question the officers regarding their compliance with any such policy. The trial court shall then forward the record and its findings to the Court of Appeals, which shall resolve the issues presented by the defendant.
We do not retain jurisdiction.