Opinion
SC:149273
11-25-2014
Order
Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, Justices COA: 318060
Genesee CC: 07-019685-FH
On order of the Court, the application for leave to appeal the March 17, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the March 17, 2014 order of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of the fact that that court's March 17, 2014 order denying the defendant's motion of relief from judgment stated that "the defendant alleges grounds for relief that were decided against him previously and the defendant has failed to establish that a retroactive change in the law undermines the prior decision," when none of the issues that the defendant raised in his motion for relief from judgment was raised on direct appeal.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
November 25, 2014
/s/__________
Clerk