Opinion
No. 114022.
November 30, 1999.
On order of the Court, the delayed application for leave to appeal from the December 18, 1998 decision of the Court of Appeals is considered, and we DIRECT the Wayne County Prosecuting Attorney to file an answer, within 21 days after the date of this order, limited to the issue whether the trial court erred reversibly in determining that the prosecution showed due diligence in its attempts to secure the trial testimony of witness Kevin Colbert. See People v Bean, 457 Mich. 677 (1998).
In all other respects, the delayed application is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
Cavanagh and Kelly, JJ., would grant leave to appeal on all the issues raised in the defendant's application for leave to appeal.
Court of Appeals No. 203438.