People v. Neal

Pursuant to MCR 7.215(H), this special panel was convened to resolve the conflict between the prior opinion in this case, People v Neal, 232 Mich App 801 (1998), and People v Gaines, 223 Mich App 230; 566 NW2d 35 (1997). In accordance with MCR 7.215(H)(1), the prior Neal panel was required to follow the precedent of Gaines, supra. Were it not for MCR 7.215(H)(1), the previous panel would have reversed and reinstated defendant’s convictions.

Following an en banc order in Neal, supra, invoking the conflict resolution procedure of MCR 7.215(H), this case is being reconsidered by this special…