People of Michigan v. Reginald Lamarr Davis

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 28, 2021 Bridget M. McCormack, Chief Justice

162887 & (116) Brian K. Zahra David F. Viviano

Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh

PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch, Plaintiff-Appellee, Justices

v SC: 162887 COA: 354927 Wayne CC: 20-002814-FC

REGINALD LAMARR DAVIS, Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED.

The application for leave to appeal the April 16, 2021 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the April 16, 2021 order staying the effect of the Wayne Circuit Court’s order granting pretrial release to the appellant pending the resolution of the appellee’s appeal of that order. MCR 6.106(H)(1) states that “[t]he reviewing court may not stay, vacate, modify, or reverse the release decision except on finding an abuse of discretion.” The April 16, 2021 stay order did not find that the trial court abused its discretion. And in the Court of Appeals April 22, 2021 judgment affirming the trial court, it expressly held that the trial court did not abuse its discretion by granting the appellant’s motion for pretrial release. Accordingly, MCR 6.106(H)(1) precludes the Court of Appeals from staying the effect of the trial court’s release decision.

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.

April 28, 2021

t0427

Clerk