LANSING – The Michigan Supreme Court (MSC) acted Wednesday, Feb. 6, to reinstate the conviction of Jimmie Allen Nelson, 60, of Oscoda on a charge of 2nd-degree murder, reversing the Court of Appeals (COA), which ordered Nelson’s acquittal last August.
Nelson, who was denied bond after the August ruling, remains incarcerated in the state prison in St. Louis, where he is serving the 28th month of the 25- to 50-year sentence ordered by 23rd Circuit Judge William Myles in 2010.
The MSC order consisted of a single paragraph. It read:
“On order of the court, the application for leave to appeal the Aug. 23, 2012 judgment of the Court of Appeals is considered and, [pursuant to a court rule], in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and remand this case to the Court of Appeals for consideration of the defendant’s remaining issues. Even absent concrete proof of a particular act causing death, the circumstantial evidence was legally sufficient, when viewed in the light most favorable to the prosecution, to prove beyond a reasonable doubt that the defendant caused the victim’s death with malice. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this court.”
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