Order Michigan Supreme Court
Lansing, Michigan
November 7, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
140147(79) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 140147
COA: 274148
St. Clair CC: 03-000881-FH
JAMES EUGENE GRISSOM,
Defendant-Appellant.
_________________________________________/
On July 31, 2012, the Court issued an opinion reversing the judgment of the Court
of Appeals and remanding this case to the St. Clair Circuit Court for application of
People v Cress, 468 Mich 678 (2003), while directing the circuit court to submit its
determination to this Court within 60 days. People v Grissom, 492 Mich 296 (2012). On
order of the Court, the circuit court’s opinion and order granting the defendant’s motion
for a new trial having been received, we AFFIRM the September 25, 2012 order of the
St. Clair Circuit Court and we REMAND this case to that court for further proceedings.
We do not retain jurisdiction.
YOUNG, C.J., concurs in the result because the circuit court did not abuse its
discretion in granting the defendant’s motion for a new trial, but continues to adhere to
the analysis set forth in JUSTICE ZAHRA’s opinion in this case, People v Grissom, 492
Mich 342 (2012).
ZAHRA, J., joins the statement of YOUNG, C.J.
I, Corbin R. Davis, 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 7, 2012 _________________________________________
s1031 Clerk
People of Michigan v. James Eugene Grissom
Combined Opinion