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PEOPLE v. STEPHAN

Docket No. 218463.

616 N.W.2d 188 (2000)

241 Mich. App. 482

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Hanna STEPHAN, a/k/a/ Hanna Stephen, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 20, 2000, at 9:05 a.m.

Released for Publication September 6, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, Daniel L. Lemisch, Chief, Appellate Division, and Anica Letica, Assistant Prosecuting Attorney, for the people.

John A. Basch, Waterford, for the defendant.

Elwood Brown, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Detroit, amicus curiae Chief of Research, Training, and Appeals, for the Prosecuting Attorneys Association of Michigan.

Before: JANSEN, P.J., and SAAD and GAGE, JJ.

SAAD, J.

In this prosecutor's interlocutory appeal, we consider if the Legislature's 1994 amendment of the statute governing the criminal defense of legal insanity1 serves as an implicit amendment or partial repeal of the statute governing the "guilty but mentally ill" (GBMI) verdict2. Although we appreciate the prosecutor's concern that the 1994 amendment created...

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