Opinion
Docket No. 150684. COA No. 315379.
11-24-2015
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Alan Craig WOOD, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the October 28, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment that added a requirement of defendant diligence to the traditional test for ascertaining whether there has been a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). See People v. Chenault, 495 Mich. 142, 845 N.W.2d 731 (2014). However, because the defendant otherwise failed to demonstrate a Brady violation, we leave intact the result reached by the Court of Appeals. 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.