COA: 231398, Wayne CC: 99-010817
On order of the Court, the application for leave to appeal from the June 28, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for reconsideration of the issue whether, on the facts found by the circuit court, the defendant is guilty of second-degree murder or voluntary manslaughter. On remand, while retaining jurisdiction, the Court of Appeals shall remand this case to the Wayne Circuit Court for further findings of fact regarding the defendant's intent. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
We do not retain jurisdiction.