People v. Posby

Reported ante, 21.

Cavanagh, J.

Because I believe the Court’s prior opinion to be in error, I dissent from the denial of rehearing.' Three years ago this Court' determined to depart from prior precedent and the application of the rule of abatement ab initio in People v Peters, 449 Mich 515 (1995).1 While I dissented from that decision, and continue to believe that case to have been wrongly decided, I find that controversy to be of no moment in the instant case. Under either the rule expressed by Justice Weaver’s majority in Peters, or the view I, joined by Justice Levin, expressed in dissent,…