People of Michigan v. Derryl Wade Shelton

• Court: Michigan Supreme Court
• Decided: July 1, 2020
• Docket: 159883
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

July 1, 2020 Bridget M. McCormack, Chief Justice

159883 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 159883 COA: 337796 Washtenaw CC: 15-000590-FC DERRYL WADE SHELTON, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 27, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals to consider whether the prosecutor’s references to the defendant’s prearrest silence were relevant and admissible under MRE 401 and MRE 403, see People v Cetlinksi, 435 Mich 742, 760-761 (1990), and if not, whether it is more probable than not that the error was outcome determinative, People v Musser, 494 Mich 337 (2013).

The Court of Appeals shall forward its decision on remand to the Clerk of this Court within 56 days of the date of this order.

We 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. July 1, 2020 p0624 Clerk