PEOPLE v. TOMASIK, 488 Mich. 1053 (2011)

No. 140636.Supreme Court of Michigan.
March 9, 2011.

Appeal from the Court of Appeals No. 279161.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the judgment of the Court of Appeals and remand this case to the Kent Circuit Court for further proceedings pursuant to this Court’s decision in People v. Stanaway, 446 Mich 643 (1994). On remand, the trial court shall disclose to the defendant the March 26, 2003, report authored by Timothy Zwart of Pine Rest Christian Mental Health Services and the March 1, 2003, form authored by Denise Joseph-Enders. After disclosing

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these documents to the defendant, the trial court shall permit the defendant to argue that a new trial should be granted. We do not retain jurisdiction.