Opinion
Nos. 120927, 120935.
October 22, 2002.
COA: 223182, Calhoun CC: 99-001205-FC
By order of May 7, 2002, the applications for leave to appeal from the January 18, 2002 decision of the Court of Appeals were held in abeyance pending the decisions in People v Cornell (Docket No. 115833), and People v Silver (Docket No. 117024). On order of the Court, the decisions having been issued on June 18, 2002, 466 Mich. 335 (2002), and June 25, 2002, 466 Mich. 386 (2002), the applications are again considered. The defendant's application is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. As for the prosecution's application, we REMAND the case to the Court of Appeals for reconsideration in light of Cornell, 466 Mich. at 357-358.
We do not retain jurisdiction.