People v. Bigelow

Pursuant to MCR 7.215(H)(3), this conflict panel was convened to resolve an inconsistency between this Court’s prior, vacated opinion in People v Bigelow, 225 Mich App 806; 571 NW2d 520 (1997), and this Court’s earlier decision in People v Passeno, 195 Mich App 91; 489 NW2d 152 (1992). In accordance with MCR 7.215(H)(1), the prior Bigelow panel was required to follow the precedent of Passeno, supra. Were it not for MCR 7.215(H)(1), the previous panel would have reversed the decision of the lower court.

The conflict at issue involves defendant’s convictions of first-degree premeditated murder,…