PEOPLE v. TATE, 486 Mich. 925 (2010)

PEOPLE v. TATE.

No. 139914.Supreme Court of Michigan.
May 25, 2010.

Court of Appeals No. 291123.

Leave to Appeal Denied.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate

Page 926

the order of the Court of Appeals and we remand this case to the Court of Appeals for consideration as on leave granted of the issues raised in the application filed in Court of Appeals No. 291123. We do not retain jurisdiction.

HATHAWAY, J., not participating. Justice HATHAWAY recuses herself and will not participate in this case as she was the presiding trial court judge. See MCR 2.003(B).

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