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People v. Brown

Supreme Court of Michigan
Nov 13, 2006
477 Mich. 930 (Mich. 2006)

Opinion

No. 132210.

November 13, 2006.

Appeal from the Court of Appeals No. 264247.


Leave to Appeal Denied November 13, 2006.


MCR 7.211(C)(1)(b) states that a motion to remand must be granted if accompanied by a certificate from the trial court indicating that the judge will grant a motion for a new trial. In this case, the Court of Appeals did not grant petitioner's motion to remand for a new trial. Instead, it took different action, remanding for an evidentiary hearing at which defendant could then move for a new trial. I would grant leave to appeal so that the Court can clarify MCR 7.211(C)(1)(b). The only motion referred to in subsection b appears to be a motion to remand for a new trial. I question whether the court rule allows the Court of Appeals to remand for any purpose other than the purpose sought by the petitioner here, a new trial.


Summaries of

People v. Brown

Supreme Court of Michigan
Nov 13, 2006
477 Mich. 930 (Mich. 2006)
Case details for

People v. Brown

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. GEOFFREY LEE…

Court:Supreme Court of Michigan

Date published: Nov 13, 2006

Citations

477 Mich. 930 (Mich. 2006)
723 N.W.2d 207