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People v. Brown

Supreme Court of Michigan
Mar 19, 1999
459 Mich. 951 (Mich. 1999)

Opinion

No. 113173.

March 19, 1999.


In lieu of granting leave to appeal, the July 23, 1998 order of the Wayne Circuit Court is reversed for the reasons stated in the dissent that accompanied the September 10, 1998 order of the Court of Appeals, and the case is remanded to the Wayne Circuit Court for further proceedings. MCR 7.302(F)(1). Jurisdiction is not retained. Court of Appeals No. 213397.


I concur in this Court's order but feel compelled to point out how it illustrates the absurdity of this Court's decision in People v. Sexton, 458 Mich. 43 (1998), which held that the rule announced in People v. Bender, 452 Mich. 594 (1996), should not be applied retroactively. This case was held in abeyance pending the decision in Bender. Once Bender was decided, the case was remanded to the Court of Appeals and a new trial was granted. That result would seem most appropriate in a case like this one, which was pending appeal to this Court and was actually held in abeyance for Bender. The defendant in Bender got a new trial because his case arrived here first, just before this case. This seems like a pretty random way to afford relief.

KELLY, J.

I join in the statement of Cavanagh, J.

Reconsideration denied June 29, 1999.


Summaries of

People v. Brown

Supreme Court of Michigan
Mar 19, 1999
459 Mich. 951 (Mich. 1999)
Case details for

People v. Brown

Case Details

Full title:PEOPLE v. KEVIN BROWN

Court:Supreme Court of Michigan

Date published: Mar 19, 1999

Citations

459 Mich. 951 (Mich. 1999)
590 N.W.2d 573