Opinion
No. 108450 (89)(90)(91)(92).
April 17, 2001.
COA: 179564, LC: 93-007400.
By order of November 2, 1999, this case was remanded to the trial court to conduct a Davis-Frye hearing on the matter of Dr. Warnick's testimony regarding the application of the statistical probabilities to the comparison between defendant's dentition and the bite marks on the victim. The trial court was ordered to make findings and conclusions on the question whether the testimony of Dr. Warnick was admissible under the Davis-Frye standards and the court was ordered to file a transcript of the evidentiary hearing and its findings with the Clerk of this Court. The circuit court having responded by filing its findings and conclusions on December 4, 2000, the application is again considered and, in light of the findings of fact and conclusions of law made by the trial judge and concurred in by the assistant prosecutor and the defendant's appellate counsel, all agreeing that the defendant is entitled to a new trial, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal we VACATE the defendant's convictions and REMAND this case to the trial court for a new trial. The defendant's motion for bond pending appeal, immediate consideration and for order to show cause are considered and they are DENIED without prejudice to bringing such motions in the trial court.