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PEOPLE v. HOLTSCHLAG

Docket Nos. 123553, 123554, 123555, 123556. Calendar No. 3.

684 N.W.2d 730 (2004)

471 Mich. 1

PEOPLE of the State Michigan, Plaintiff-Appellant, v. Nicholas E. HOLTSCHLAG, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Joshua M. Cole, Defendant-Appellee. People of the State Michigan, Plaintiff-Appellant, v. Daniel Brayman, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Erick Limmer, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 23, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Olga Agnello, Principal Attorney, Appeals, Detroit, MI, for the people.

David R. Cripps Detroit, MI, for Nicholas Holtschlag.

Richard B. Ginsberg, Ann Arbor, MI, for Joshua Cole.

State Appellate Defender (by Gary L. Rogers), Detroit, MI, for Daniel Brayman.

Opinion

MARKMAN, J.

We granted leave to determine if a defendant may be convicted of involuntary manslaughter for a homicide that occurred during the commission of a felony and for which the prosecutor proceeded under a "gross negligence" mens rea theory. We hold in the affirmative and, accordingly, we reverse the decision of the Court of Appeals and reinstate defendant Limmer's conviction of accessory after the fact to involuntary manslaughter and the remaining...

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