Opinion
Docket No. 111619.
Decided September 15, 1998. FILED SEPTEMBER 15, 1998 UPDATED December 14, 1999
On application by the people for leave to appeal, the Supreme Court, in lieu of granting leave, vacated the judgment of the Court of Appeals and dismissed the appeal.
Washtenaw Circuit Court, Kurtis T. Wilder, J.
Court of Appeals, Cavanagh, P.J., and Jansen, J. and D. E. Holbrook, Jr., J. (Docket No. 177992). 227 Mich. App. 219; 574 N.W.2d 398 (1997).
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Brian L. Mackie, Prosecuting Attorney, and Lenore M. Ferber, Assistant Prosecuting Attorney [P.O. Box 8645, Ann Arbor, MI 48107-9645] [(313) 994-2380], for the people.
State Appellate Defender (by Richard B. Ginsberg) [645 Griswold, 3300 Penobscot Building, Detroit, MI 48226] [(313) 256-9833] for the defendant.
MEMORANDUM OPINION.
In 1994, the defendant was found guilty, but mentally ill, of first-degree murder. Defendant appealed, and the Court of Appeals reversed defendant's conviction and remanded the case for further proceedings. 227 Mich. App. 219; 574 N.W.2d 398 (1997).
The prosecutor has applied to this Court for leave to appeal and defendant has applied for leave to appeal as cross-appellant. However, we are informed that the defendant has died. Given the first-out rule, MCR 7.215(H), and the fact that the defendant's death prevents us from reviewing the Court of Appeals two to one opinion, we vacate the opinion and dismiss the application for leave to appeal and the application for leave to appeal as cross-appellant. MCR 7.302(F)(1).
MALLETT, C.J., and BRICKLEY, CAVANAGH, BOYLE, WEAVER, KELLY, and TAYLOR, JJ., concurred.