People of Michigan v. Fateen Rohn Muhammad ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 30, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
150119 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150119
COA: 317054
Ingham CC: 13-000161-FH
FATEEN ROHN MUHAMMAD,
Defendant-Appellant.
_____________________________________/
On October 15, 2015, the Court heard oral argument on the application for leave to
appeal the July 29, 2014 judgment of the Court of Appeals. On order of the Court, the
application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal,
we VACATE the Court of Appeals judgment and REMAND this case to that court for
reconsideration. The Court of Appeals erred by applying harmless error analysis without
first determining whether the trial court’s order dismissing the habitual offender notice
was erroneous. See MCR 2.613(A) (stating that a judgment or order of the court may not
be vacated, modified, or otherwise disturbed “unless refusal to take this action appears to
the court inconsistent with substantial justice”). The prosecutor has conceded that it did
not timely serve the habitual offender notice under MCL 769.13. On remand, we direct
the Court of Appeals to determine whether the trial court erred by concluding that the
proper remedy for the prosecutor’s statutory violation was dismissal of the habitual
offender notice. See In re Forfeiture of Bail Bond, 496 Mich. 320 (2014).
We do not retain jurisdiction.
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 30, 2015
a1027
Clerk