DNA testing of biological material; MCL 770.16; People v. Hernandez-Orta; The "law of the case" doctrine; Grievance Adm'r v. Lopatin

In an order in lieu of granting leave to appeal, the court reversed the Court of Appeals judgment (see e-Journal # 58003 in the 10/3/14 edition), holding that “no provision set forth in MCL 770.16 prohibits the issuance of an order granting DNA testing of previously tested biological material.” Further, the law of the case doctrine did not apply “because prior orders denying leave to appeal were not rulings on the merits of the issues presented.” The court remanded the case to the Court of Appeals for consideration of the issues defendant raised that were not addressed during that court’s initial review of the case.