Order Michigan Supreme Court
Lansing, Michigan
November 4, 2016 Robert P. Young, Jr.,
Chief Justice
153222 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 153222
COA: 319227
Oakland CC: 2013-244734-FH
GHASSAN SALIM SARDY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 29, 2015
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 Part II of the Court of Appeals opinion and
we REMAND this case to that court for reconsideration of: (1) whether the complainant
was unavailable for Confrontation Clause purposes, see Crawford v Washington, 541 US
36, 59 n 9; 124 S Ct 1354; 158 L Ed 2d 177 (2004), and United States v Owens, 484 US
554, 559-560; 108 S Ct 838; 98 L Ed 2d 951 (1988); and (2) whether the defendant’s
confrontation rights were violated at trial by the trial court’s limitation on
cross-examination of the complainant, compare Owens, supra, with Delaware v Van
Arsdall, 475 US 673, 679; 106 S Ct 1431; 89 L Ed 2d 674 (1986). 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 4, 2016
p1101
Clerk