People of Michigan v. Leo Duwayne Ackley

Order Michigan Supreme Court

Lansing, Michigan November 4, 2020 Bridget M. McCormack,

Chief Justice 158455 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: 158455

COA: 336063 Calhoun CC: 2011-003642-FC LEO DUWAYNE ACKLEY, a/k/a LEO DUANE ACKLEY, JR., a/k/a LEO DUWAYNE ACKLEY, II,

Defendant-Appellant. _________________________________________/

By order of October 17, 2019, the application for leave to appeal the August 2, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v McFarlane (Docket No. 158259). On order of the Court, leave to appeal having been denied in People v McFarlane on May 15, 2020, 505 Mich 1059 (2020), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals. We REMAND this case to the Court of Appeals for reconsideration of its analysis of the expert testimony presented at trial in light of McFarlane. 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.

We do not retain jurisdiction.

MARKMAN, J. (dissenting). For the reasons given in my concurring statement in People v McFarlane, 505 Mich 1059 (2020), I would deny leave to 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.

November 4, 2020 p1028

Clerk