People v. Collins, 76387
Decision Date | 24 February 1987 |
Docket Number | No. 76387,76387 |
Citation | 400 N.W.2d 605,428 Mich. 867 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Frank Eugene COLLINS, Defendant-Appellant. 428 Mich. 867, 400 N.W.2d 605 |
Court | Michigan Supreme Court |
By order of November 25, 1985, the application for leave to appeal was held in abeyance pending the decision in People v. Krezen (Docket No. 76631). On order of the Court, the decision having been issued on December 30, 1986, 427 Mich. 681, 397 N.W.2d 803 (1986), the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND the case to the Court of Appeals for reconsideration in light of the decisions in People v. Krezen, supra, and Colorado v. Bertine, --- U.S. ----, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987).
The order of this Court of February 25, 1986, which stays proceedings in the trial court, shall remain in effect until the further order of the Court of Appeals.
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...rule was subsequently vacated by our Supreme Court. People v. Kelly, 147 Mich.App. 806, 814, 384 N.W.2d 49 (1985), vacated 428 Mich. 867, 400 N.W.2d 605 (1987). Moreover, our review of the two cases relied upon by this Court in Kelly reveals that neither case addressed whether a challenge t......
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