Order Michigan Supreme Court
Lansing, Michigan
June 3, 2015 Robert P. Young, Jr.,
Chief Justice
151093 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein,
Plaintiff-Appellant, Justices
v SC: 151093
COA: 312804
Wayne CC: 12-005217-FH
LARRY MANCIEL,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 30, 2014
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and
we REMAND this case to the Court of Appeals. On remand, while retaining jurisdiction,
the Court of Appeals shall remand the case to the Wayne Circuit Court for clarification of
whether the trial court’s ruling that the defendant was entitled to a new trial was based on
the trial court’s determination that the defense witnesses were credible or whether the
trial court granted a new trial solely because it felt constrained to do so by this Court’s
orders in unrelated cases. If the trial court granted a new trial based on the credibility of
the defense witnesses, the Court of Appeals shall affirm the trial court’s grant of a new
trial. If the trial court’s decision was based solely on its belief that it was constrained by
this Court’s orders in unrelated cases, the Court of Appeals shall vacate the trial court’s
decision granting a new trial and shall review the defendant’s previously unaddressed
claims.
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.
June 3, 2015
s0527t
Clerk