People v. Gillis

CAVANAGH, J.

{concurring in part and dissenting in part). I concur with the opinion written by Chief Justice TAYLOR. I write separately only to reiterate my belief that when the evidence produced at a preliminary examination is legally insufficient to support binding a *150defendant over for trial, the defendant is entitled to automatic reversal. See People v Hall, 435 Mich 599, 616-629; 460 NW2d 520 (1990) (CAVANAGH, J., dissenting). The inquiry is not dependent on whether the defendant nonetheless received a fair trial.

KELLY, J., concurred with CAVANAGH, J.