Order Michigan Supreme Court
Lansing, Michigan
July 1, 2020 Bridget M. McCormack,
Chief Justice
159883 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159883
COA: 337796
Washtenaw CC: 15-000590-FC
DERRYL WADE SHELTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 27, 2018
judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals to consider
whether the prosecutor’s references to the defendant’s prearrest silence were relevant and
admissible under MRE 401 and MRE 403, see People v Cetlinksi, 435 Mich 742, 760-761
(1990), and if not, whether it is more probable than not that the error was outcome
determinative, People v Musser, 494 Mich 337 (2013).
The Court of Appeals shall forward its decision on remand to the Clerk of this Court
within 56 days of the date of this order.
We 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.
July 1, 2020
p0624
Clerk