On order of the Court, the application for leave to appeal the June 30, 2004 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court to determine whether there was a violation of M.C.L. § 780.131, M.C.L. § 780.133 and/or MCR 6.004(D). In the course of making this determination, the Wayne Circuit Court shall also determine the following underlying facts:
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