Order Michigan Supreme Court
Lansing, Michigan
June 21, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
154857 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 154857
COA: 332700
Ingham CC: 15-000175-FH
BRIAN MICHAEL ALEXANDER,
Defendant-Appellant.
________________________________________/
On order of the Court, the application for leave to appeal the October 6, 2016
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 that part of the Court of Appeals judgment
that reversed the Ingham Circuit Court’s November 20, 2015 order granting the
defendant’s motion for a new trial. Although the Court of Appeals correctly concluded
that the trial court applied an improper standard in granting a new trial based on newly
discovered evidence, it erred in further determining that the new evidence would not
justify the grant of a new trial. The evidence – the discovery of the complainant’s cell
phone records – was newly discovered, was not cumulative, and could not have been
discovered with reasonable diligence and produced at trial. Whether this evidence
“makes a different result probable on retrial,” People v Cress, 468 Mich 678, 692 (2003),
should first be determined by the trial court. We REMAND this case to the Ingham
Circuit Court to determine, applying the Cress standard, whether the newly discovered
evidence justifies a new trial.
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 21, 2017
a0614
Clerk