Order Michigan Supreme Court Lansing, Michigan October 3, 2019 Bridget M. McCormack, Chief Justice David F. Viviano, Chief Justice Pro Tem 159259 Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices v SC: 159259 COA: 344396 Kent CC: 01-002245-FC DEANDRE SADDERL VICK, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the December 7, 2018 order of the Court of Appeals is considered. We DIRECT the Kent County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall specifically address whether the trial court considered “the evidence that would be admitted at retrial,” People v Johnson, 502 Mich 541, 571 (2018), which in this case would include newly discovered evidence presented in previous motions for relief from judgment.

The application for leave to appeal remains pending.

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.

October 3, 2019 s0926 Clerk