People v. Schinzel

Decision Date13 March 1979
Docket NumberNo. 62164,62164
Citation406 Mich. 888,276 N.W.2d 27
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Joseph SCHINZEL, Defendant-Appellee. 406 Mich. 888, 276 N.W.2d 27
CourtMichigan Supreme Court
ORDER

On order of the Court, the application for leave to appeal is considered and pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, we REVERSE the judgment of the Court of Appeals and REMAND to Recorder's Court for the making of a testimonial record in accordance with the dissent of Judge John H. Gillis, see 86 Mich.App. 337, at 349, 272 N.E.2d 648 (1978). After the testimonial record is prepared, the Court of Appeals shall determine whether or not M.C.L. § 780.131; M.S.A. § 28.969(1) has been violated.

We do not retain jurisdiction.

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8 cases
  • People v. Sommerville
    • United States
    • Court of Appeal of Michigan — District of US
    • 6 October 1980
    ...caused by the event or condition". See also, People v. Schinzel, 86 Mich.App. 337, 345, 272 N.W.2d 648 (1978), rev'd on other grounds 406 Mich. 888 (1979). Clearly, the assault by a man perceived to be her son was an occurrence "startling enough to produce nervous excitement and render the ......
  • People v. Siler
    • United States
    • Court of Appeal of Michigan — District of US
    • 12 October 1988
    ...169, 173, 54 N.W.2d 206 (1952); People v. Schinzel, 86 Mich.App. 337, 342-343, 272 N.W.2d 648 (1978), rev'd on other grounds 406 Mich. 888, 276 N.W.2d 27 (1979). Darwin called the emergency number, stating that he had been stabbed in the heart and that he needed an ambulance right away. Thr......
  • People v. Moore, Docket No. 78-4580
    • United States
    • Court of Appeal of Michigan — District of US
    • 21 April 1980
    ...1 Although the opinion of this Court in Schinzel was reversed pursuant to an order of the Supreme Court, see People v. Schinzel, 406 Mich. 888, 276 N.W.2d 27 (1979), we do not interpret this reversal as comment by the Supreme Court on the principal that a defendant's rights under the 180-da......
  • People v. Schinzel, Docket No. 44156
    • United States
    • Court of Appeal of Michigan — District of US
    • 19 May 1980
    ...the Court of Appeals shall determine whether or not M.C.L. § 780.131; M.S.A. § 28.969(1) has been violated". People v. Schinzel, 406 Mich. 888, 276 N.W.2d 27 (1979). Pursuant to that order, testimonial hearings were held on April 18 and 25 and May 1, 1979. The transcripts of those hearings ......
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