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PEOPLE v. McJUNKIN

SC: 158578 COA: 338400.

935 N.W.2d 725 (2019)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Brian McJUNKIN, Defendant-Appellant.

Supreme Court of Michigan.

December 13, 2019.

Attorney(s) appearing for the Case

JENNIFER S. RAUCCI , for PEOPLE OF MI, Plaintiff-Appellee.

DANIEL D. BREMER , for MICHAEL BRIAN McJUNKIN, Defendant-Appellant.

Order

On order of the Court, the application for leave to appeal the August 28, 2018 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II of the judgment of the Court of Appeals, and we REMAND this case to the Calhoun Circuit Court for an evidentiary hearing to determine whether the consent or the plain view exceptions to the warrant requirement justify the warrantless search and...

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