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PEOPLE v. SWAIN

Docket No. 293350.

794 N.W.2d 92 (2010)

288 Mich. App. 609

PEOPLE v. SWAIN.

Court of Appeals of Michigan.

Decided June 8, 2010, at 9:15 am.

Attorney(s) appearing for the Case

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, Susan K. Mladenoff , Prosecuting Attorney, and Jennifer Kay Clark , Assistant Prosecuting Attorney, for the people.

Michigan Innocence Clinic (by Bridget McCormack and David A. Moran , Detroit) for defendant.

Before: SAAD, P.J., and HOEKSTRA and MURRAY, JJ.

HOEKSTRA, J.

This matter is before us on remand from the Michigan Supreme Court for consideration, as on leave granted. People v. Swain, 485 Mich. 997, 775 N.W.2d 147 (2009). On appeal, the prosecution challenges the July 21, 2009, order granting defendant's successive motion for relief from judgment of her four convictions of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(a). In its remand order, the Supreme Court specified that we "should...

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