COA: 236246, St. Joseph CC: 00-010340-FC
On order of the Court, the delayed application for leave to appeal from the February 21, 2002 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. We DIRECT the Court of Appeals to address the ex post facto issue presented in this case in light of Carmell v Texas, 529 U.S. 513; 146 L.Ed.2d 577; 120 S.Ct. 1620 (2000).