Opinion
Docket No. 153290. COA No. 323316.
11-23-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Thomas Lee WINGARD, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the January 14, 2016 judgment of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall specifically address: (1) whether the defendant's August 28, 2013 statement was inadmissible under Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004) ; and (2) if so, whether defense counsel's failure to challenge the admissibility of the statement constituted ineffective assistance of counsel.
The application for leave to appeal remains pending.