Opinion
Docket No. 108759.
Summary Dispositions February 3, 1998.
Court of Appeals No. 182235.
In lieu of granting leave to appeal, part III of the Court of Appeals opinion of January 21, 1997, is vacated, and the case is remanded to that Court for further proceedings. The Court of Appeals panel erred in deciding issues regarding prosecutors misconduct and ineffective assistance of counsel without the complete transcript of the prosecutors summation argument to the jury. Kailimai v. Firestone Tire Rubber Co, 398 Mich. 230, 233 (1976); Dubuc v. Ally, 433 Mich. 907 (1989); People v. Christenson, 454 Mich. 920 (1997). The Court of Appeals panel is directed to secure either the trial videotape or a completed transcript of the assistant prosecutors argument to the jury or to direct settlement of the record pursuant to MCR 7.210(B) before assessing the merits of issue III. In all other respects the application for leave to appeal is denied. Jurisdiction is not retained.