
    PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dwayne Darnell BALLINGER, Jr., Defendant-Appellant.
    SC: 159426 COA: 345795
    Supreme Court of Michigan.
    September 18, 2019
    Order
   On order of the Court, the application for leave to appeal the February 21, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's May 8, 2018 opinion and order denying the defendant's motion for relief from judgment, and we REMAND this case to that court for reconsideration of the motion. The circuit court failed to apply the correct legal standard to the defendant's claim that the prosecution suppressed material and exculpatory evidence in violation of Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). See People v. Chenault , 495 Mich. 142, 150, 845 N.W.2d 731 (2014). The circuit court also failed to address the defendant's claim that he is entitled to a new trial on grounds of newly discovered evidence. See People v. Johnson , 502 Mich. 541, 565, 918 N.W.2d 676 (2018). The motion for appointment of counsel is DENIED, without prejudice to the defendant renewing his request in the circuit court. See MCR 6.505(A). The motion to remand is DENIED as moot.

We do not retain jurisdiction.  