People of Michigan v. Alan Craig Wood

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 24, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

150684 Bridget M. McCormack David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 150684 COA: 315379 Oakland CC: 2012-240805-FC ALAN CRAIG WOOD, Defendant-Appellant.

_________________________________________/

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 US 83; 83 S Ct 1194; 10 L Ed 2d 215 (1963). See People v Chenault, 495 Mich 142 (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.

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 24, 2015

a1116

Clerk