On November 8, 2007, the Court heard oral argument on the application for leave to appeal the December 19, 2006 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal, we REVERSE IN PART the judgment of the Court of Appeals and REMAND this case to the trial court for further proceedings not inconsistent with this order. The trial court erred in determining that the prosecutor failed...
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