People v. Cortez, Docket No. 144302.
| Decision Date | 25 May 2012 |
| Docket Number | COA No. 298262.,Docket No. 144302. |
| Citation | 813 N.W.2d 293,491 Mich. 925 |
| Parties | PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Burton David CORTEZ, Defendant–Appellant. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Prior report: 294 Mich.App. 481,811 N.W.2d 25.
On order of the Court, the application for leave to appeal the October 27, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that the failure to provide Miranda warnings did not violate the defendant's Fifth Amendment rights. We REMAND this case to the Court of Appeals for reconsideration of that issue in light of Howes v. Fields, 565 U.S. ––––, 132 S.Ct. 1181, 182 L.Ed.2d 17 (2012). 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.
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People v. Cortez, Docket No. 298262.
...we affirmed defendant's convictions. People v. Cortez, 294 Mich.App. 481, 811 N.W.2d 25 (2011), vacated in part and remanded 491 Mich. 925, 813 N.W.2d 293 (2012). Shortly after we decided our previous opinion, the United States Supreme Court decided Howes v. Fields, 565 U.S. ––––, 132 S.Ct.......
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