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IN RE WAGSTAFF

Docket No. 78-3368.

93 Mich. App. 755 (1979)

287 N.W.2d 339

In re WAGSTAFF

Michigan Court of Appeals.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and John F. Salan, Prosecuting Attorney, for the people.

Lynn G. Stedman, for Joseph A. Wagstaff, Jr.

Before: D.F. WALSH, P.J., and M.J. KELLY and E.F. OPPLIGER, JJ.

E.F. OPPLIGER, J.

Petitioner raises the sole issue of whether the subject of a § 484 mental-health hearing is entitled to a jury. This appears to be a case of first impression under the Mental Health Code as it was revised by 1974 PA 258 (effective August 6, 1974), MCL 330.1001 et seq.; MSA 14.800(1) et seq. Petitioner appeals the decision of the circuit court which upheld the probate judge's denial...

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