Summary
allowing convicted defendant to present Brady claim in motion under Michigan Court Rule 6.502
Summary of this case from Pouncy v. MacauleyOpinion
SC: 159666 COA: 347219
05-20-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Stephen Robert YOUNG, Defendant-Appellant.
Order
By order of December 23, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the April 5, 2019 order of the Court of Appeals. On order of the Court, the motion for immediate consideration is GRANTED. The answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for an evidentiary hearing, to determine whether the defendant’s claim of newly discovered evidence, which the defendant claims was suppressed in violation of Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), entitles him to relief from judgment under MCR 6.508(D). People v. Johnson , 502 Mich. 541, 918 N.W.2d 676 (2018).
We do not retain jurisdiction.