People v. Posby

Following a jury trial, defendant was found guilty but mentally ill of first-degree murder, MCL 750.316; MSA 28.548, MCL 768.36; MSA 28.1059, and was sentenced to life imprisonment without the possibility of parole. Defendant appeals as of right. We reverse and remand for a new trial.

This case concerns the shooting death of John Kemink, M.D., on June 25, 1992. Dr. Kemink, an otolaryngologist (ear, nose, and throat doctor), was shot and killed in an examination room at the University of Michigan Otolaryngology Clinic. It was undisputed that defendant shot and killed Dr. Kemink. The sole issue…