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PEOPLE v. POSBY

Docket No. 111619, CoA No. 177992.

586 N.W.2d 228 (1998)

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

Supreme Court of Michigan.

November 16, 1998.

In this cause, a motion for rehearing is considered, and it is hereby DENIED.

MICHAEL F. CAVANAGH, Justice, states as follows:

Because I believe the Court's prior opinion, 459 Mich. 21, 583 N.W.2d 458, to be in error, I dissent from the denial of rehearing. Three years ago this Court determined to depart from prior precedent and the application of the rule of abatement ab initio in

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