PEOPLE OF MI V ROBERT JAMAR HALL

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V ROBERT JAMAR HALL
Docket No. 378564
LC No. 11-000473-01-FC
Kathleen A. Feeney
Presiding Judge
Stephen L. Borrello
Sima G. Patel
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal,
we VACATE the trial court’s September 30, 2025 order and REMAND this matter to that court for further
proceedings consistent with this order. Under the circumstances at bar, the trial court abused its discretion
by failing to afford defendant an evidentiary hearing concerning the several grounds for relief raised in his
motion for relief from judgment. The trial court’s error in that regard seems to have been attributable, at
least in part, to the court’s failure to recognize that even if Hombre Foster’s affidavit testimony recounts
hearsay statements by Hudson that would be inadmissible as substantive evidence, Foster’s testimony might
nevertheless be admissible as pure impeachment evidence on retrial. See MRE 613(b); People v Kilbourn,
454 Mich 677, 682; 563 NW2d 669 (1997); People v Steele, 283 Mich App 472, 487; 769 NW2d 256 (2009).
On remand, the trial court should afford defendant an evidentiary hearing, then reconsider this matter on the
merits, permitting any supplemental briefing or additional proceedings that the court, in its sound discretion,
deems advisable.
In light of the foregoing, the motion to remand is DENIED as moot.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge

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