Order Michigan Supreme Court
Lansing, Michigan
November 27, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147449 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147449
COA: 311257
St. Clair CC: 86-128340-FC
FREDERICK FREEMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 30, 2013 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted. While retaining jurisdiction, the Court of Appeals
shall then remand the case to the St. Clair Circuit Court, which shall conduct an
evidentiary hearing to determine whether the issue raised by the defendant merits the
relief requested. Upon making its findings, the St. Clair Circuit Court shall return the
case to the Court of Appeals, which shall then review the lower court’s findings and
determine whether to affirm, reverse, or order other relief.
MCCORMACK, J., not participating because of her prior involvement in this case as
counsel for a party.
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 27, 2013
s1120
Clerk