627 N.W.2d 601
No. 118941 (15).Supreme Court of Michigan.
May 10, 2001.
COA: 232680, Wayne CC: 00-500094.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the March 12, 2001 decision of the Court of Appeals is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. On remand, the Court of Appeals shall address, among other issues: (1) whether the district court clearly abused its discretion when it determined that the evidence here was insufficient to establish probable cause that defendant acted with gross negligence in this involuntary manslaughter case, i.e. whether defendant’s conduct exhibited a “wantonness and disregard of the consequences which may ensue, an indifference to the rights of others that is equivalent to a criminal intent.” People v Datema, 448 Mich. 585, 596 (1995); (2) assuming that sufficient evidence existed on the issue of gross negligence, what precise conduct on defendant’s part constituted such gross negligence; and (3) assuming that sufficient evidence existed on the issue of gross negligence, what evidence in particular supports the conclusion that defendant’s conduct satisfied the “wantoness and disregard of the consequences” standard of People v Datema.
CORRIGAN, C.J., would deny leave to appeal.