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PEOPLE v. McSWAIN

Docket No. 241275.

676 N.W.2d 236 (2003)

259 Mich. App. 654

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Rosemarie McSWAIN, also known as Rose Marie-Jeanette McSwain, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 9, 2003, at 9:30 A.M.

Released for Publication February 19, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

John L. Grace, III, Grand Rapids, for the defendant on appeal.

Before: WHITBECK, C.J., and SMOLENSKI and MURRAY, JJ.

WHITBECK, C.J.

The prosecution appeals by leave granted the trial court's grant of defendant Rosemarie McSwain's motion for relief from judgment. The central issue in this case is whether McSwain was competent to stand trial for murder in 1988. Because we conclude that the trial court abused its discretion on the basis of a series of clear errors in the factual findings supporting its determination that McSwain was not competent, we reverse.

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