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PEOPLE v. POSBY

Docket No. 177992.

574 N.W.2d 398 (1997)

227 Mich. App. 219

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Chester Leo POSBY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 30, 1997, at 9:00 a.m.

Released for Publication March 26, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Brian L. Mackie, Prosecuting Attorney, and David A. King, Senior Assistant Prosecuting Attorney, for People.

State Appellate Defender by Lyle N. Marshall, Lansing, and for Defendant-Appellant on appeal.

Chester L. Posby, Jackson, in pro. per.

Before MARK J. CAVANAGH, P.J., and HOLBROOK and JANSEN, JJ.

JANSEN, Judge.

Following a jury trial, defendant was found guilty but mentally ill of first-degree murder, M.C.L. § 750.316; M.S.A. § 28.548, M.C.L. § 768.36; M.S.A. § 28.1059, and was sentenced to life imprisonment without the possibility of parole. Defendant appeals as of right. We reverse and remand for a new trial.

This case concerns the shooting death of John Kemink, M.D., on June 25, 1992. Dr. Kemink, an otolaryngologist (ear, nose...

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