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People v. Poole

Supreme Court of Michigan

May 20, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
GILBERT LEE POOLE, JR., Defendant-Appellant

COA: 315982. Oakland CC: 1989-090203-FC.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the September 2, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for the reason that no provision set forth in MCL 770.16 prohibits the issuance of an order granting DNA testing of previously tested biological material. To the contrary, see MCL 770.16(4)(b)(ii). See also People v Hernandez-Orta, 480 Mich. 1101; 745 N.W.2d 112 (2008). Furthermore, the law of the case doctrine does not apply because prior orders denying leave to appeal were not rulings on the merits of the issues presented. See Grievance Administrator v Lopatin, 462 Mich. 235, 260; 612 N.W.2d 120 (2000). We REMAND this case to the Court of Appeals for consideration of the issues raised by

Page 653

the defendant but not addressed by that court during its initial review of this case.

We do not retain jurisdiction.


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