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477 Mich. 894

722 N.W.2d 427

Docket Docket No. 131386. COA No. 259296.

People v. Command

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. David Richard COMMAND, Defendant-Appellee.

Michigan Supreme Court

Decided October 20, 2006.

Michigan Supreme Court · decided 2006-10-20

Decided 2006-10-20

¶1*428 On order of the Court, the application for leave to appeal the May 9, 2006 judgment of the Court of Appeals is considered. Pursuant to MCR 7.302(G)(1), and for the reasons stated in the Court of Appeals partially dissenting opinion, we REVERSE only that portion of the Court of Appeals judgment that precluded on retrial evidence that the defendant had previously committed a non-consensual sexual penetration of a prior complainant.

¶2MICHAEL F. CAVANAGH and MARILYN J. KELLY, JJ., would deny leave to appeal.

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