Opinion
No. 112678 (75).
November 15, 1999.
On order of the Court, the application for leave to appeal from the May 19, 1998 decision of the Court of Appeals and the prosecutor's response to the order to show cause entered June 29, 1999, are considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and the Branch Circuit Court and REMAND this case to the Branch Circuit Court for further proceedings. Under the unique circumstances of this case, we find that there was an actual conflict of interest in the joint representation and that because of the effect of that conflict the defendant should be afforded a new trial.
Corrigan, J., not participating.
Court of Appeals No. 187322.