Opinion
No. 115246.
March 29, 2000.
Summary Dispositions March 29, 2000:
In lieu of granting leave to appeal, the case is remanded to the Court of Appeals. MCR 7.302 (F)(1). The Court of Appeals, while retaining jurisdiction, is to remand this case to the Wayne Circuit Court as the successor of the Recorder's Court to conduct a hearing pursuant to MCR 7.208 (C)(2). On remand, the trial judge is to determine, if possible, whether there was any error in the certified transcript, and if so, whether the error was made by the court reporter in either recording or transcribing the court's delivery of the disputed jury instruction at vol. III, p 83, or whether the court itself misstated the instruction when delivering it to the jury. The Court of Appeals remains free to put whatever time constraints on the remand proceedings it deems reasonable. Jurisdiction is not retained.
Court of Appeals No. 216063.