People v. Scott
| Decision Date | 03 February 1998 |
| Docket Number | No. 182235,182235 |
| Citation | 456 Mich. 931,575 N.W.2d 549 |
| Parties | People v. Cortez Trawets Scott NO. 108759. COA |
| Court | Michigan Supreme Court |
Disposition: Leave to appeal is considered and, in lieu of granting leave to appeal, we VACATE part III of the Court of Appeals opinion of January 21, 1997 and REMAND the case to the Court of Appeals for further proceedings. The Court of Appeals panel erred in deciding issues regarding prosecutor's misconduct and ineffective assistance of counsel without the complete transcript of the prosecutor's summation argument to the jury. Kailimai v. Firestone Tire & Rubber Co., 398 Mich. 230, 233, 247 N.W.2d 295 (1976); Dubuc v. Ally, 433 Mich. 907, 448 N.W.2d 347 (1989); People v. Christenson, --- Mich. ----, 564 N.W.2d 901 (1997). The Court of Appeals panel is directed to secure either the trial videotape or a completed transcript of the assistant prosecutor's argument to the jury and/or to direct settlement of the record pursuant to MCR 7.210(B) before assessing the merits of Issue III. In all other respects, the application for leave to appeal is DENIED.
We do not retain jurisdiction.
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