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PEOPLE v. PETERS

Docket No. 99830, (Calendar No. 16).

449 Mich. 515 (1995)

537 N.W.2d 160

PEOPLE v. PETERS

Supreme Court of Michigan.

Decided August 10, 1995.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Janet A. Napp, Assistant Prosecuting Attorney, for the people.

Elizabeth L. Jacobs for the defendant.

WEAVER, J.

We granted leave to consider whether an order of restitution should abate where a convicted criminal defendant died pending appeal of his conviction.1 To decide this issue it is necessary to clarify our position on the rule of abatement ab initio.

In People v Elauim, we applied the rule of abatement ab initio to dismiss an appeal from a criminal conviction and erase...

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