Order Michigan Supreme Court Lansing, Michigan

May 25, 2012 Robert P. Young, Jr., Chief Justice

144302 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 144302 COA: 298262 Montcalm CC: 2009-012502-FH BURTON DAVID CORTEZ, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 27, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that the failure to provide Miranda warnings did not violate the defendant’s Fifth Amendment rights. We REMAND this case to the Court of Appeals for reconsideration of that issue in light of Howes v Fields, 565 US ___; 132 S Ct 1181; 182 L Ed 2d 17 (2012). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

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. May 25, 2012 _________________________________________ p0522 Clerk