Order Michigan Supreme Court Lansing, Michigan February 5, 2020 Bridget M. McCormack, Chief Justice 159180 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: 159180 COA: 346173 Ingham CC: 17-000944-FH JONATHAN WAYNE WEHRLE, Defendant-Appellant.

_____________________________________/ By order of September 10, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the January 2, 2019 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. In its consideration of this case, the Court of Appeals shall expressly address whether the information about the October 2018 interview with Christopher Wehrle that the prosecution has attached to its response in this Court may be properly considered on appeal.

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.

February 5, 2020 t0129 Clerk