Opinion
No. 127752.
July 15, 2005.
Summary Dispositions.
SC: 127752, COA: 248657.
In lieu of granting leave to appeal, the judgment of the Court of Appeals is vacated, and the case is remanded to the Oakland Circuit Court for a ruling on defendant's motion in propria persona that asserted a violation of his right to a speedy trial. MCR 7.302(G)(1). The circuit court did not rule on that motion. As a consequence, the Court of Appeals lacked a factual basis for considering the factors under Barker v. Wingo, 407 US 514, 530-532 (1972), and for concluding that those factors overcame the presumption of prejudice that follows from a nine-year delay.
I would deny leave to appeal because I am not persuaded that the question presented should be reviewed by this Court.