People v. Hicks
| Decision Date | 26 February 1979 |
| Docket Number | No. 57703,57703 |
| Citation | 406 Mich. 862,275 N.W.2d 278 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Gregory HICKS, Defendant-Appellee. 406 Mich. 862, 275 N.W.2d 278 |
| Court | Michigan Supreme Court |
On order of the Court, plaintiff-appellant's delayed application for leave to appeal having been ordered held in abeyance pending decision in People v. Wynn (Docket No. 56977), People v. Pearson (Docket No. 57147) and People v. Schwartz (Docket No. 57273), and said decision having been issued on January 8, 1979, 404 Mich. 698, 273 N.W.2d 856 (1979).
Now, therefore, the said application is hereby considered and the Court, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, affirms the judgment of the Court of Appeals reversing defendant's convictions and remands the case to the Recorder's Court for the City of Detroit to afford the prosecutor the right to seek a post-remand hearing concerning the existence of prejudice within 30 days from the issuance of this order pursuant to People v. Wynn, People v. Pearson, and People v. Schwartz, 404 Mich. 698, 273 N.W.2d 856 (1979). If the prosecutor does not seek a post-remand hearing within 30 days, the defendant's convictions shall be deemed vacated and the prosecutor may commence a new trial.
This Court retains no further jurisdiction over the matter.
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