People of Michigan v. Roosevelt Patterson Pettiford ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
March 18, 2020 Bridget M. McCormack,
Chief Justice
158027 & (8)(19) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 158027 Megan K. Cavanagh,
Justices
COA: 343181
Wayne CC: 06-000343-FC
ROOSEVELT PATTERSON PETTIFORD,
Defendant-Appellant.
_____________________________________/
By order of May 28, 2019, the prosecuting attorney was directed to answer the
application for leave to appeal the May 7, 2018 order of the Court of Appeals. On order
of the Court, the answer having been received, the application for leave to appeal and
motions to remand are again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REMAND this case to the Wayne Circuit Court for an evidentiary
hearing, to determine whether the defendant’s claim of newly discovered evidence entitles
him to relief from judgment under MCR 6.508(D). People v Johnson, 502 Mich. 541
(2018). We decline the prosecutor’s request to stay proceedings on remand pending the
completion of the Conviction Integrity Unit’s investigation, although we do so without
prejudice to the prosecutor seeking such relief from the trial court on remand.
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.
March 18, 2020
b0311
Clerk