PEOPLE OF MI V RICHARD ALLEN HARTLERODE

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 30, 1997 Plaintiff-Appellee, v No. 185599 Calhoun Circuit Court LC No. 92-000391 FH RICHARD ALLEN HARTLERODE, Defendant-Appellant. Before: Saad, P.J., and Hood and McDonald, JJ. MEMORANDUM. Defendant was convicted by jury of two counts of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), and two counts of second-degree criminal sexual conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). He was sentenced to concurrent terms of fifteen- to thirty-years’ imprisonment and three- to fifteen-years’ imprisonment, respectively. We affirmed in part and remanded for an in-camera hearing pursuant to People v Stanaway, 446 Mich 643; 521 NW2d 557 (1994). People v Hartlerode, unpublished opinion per curiam of the Court of Appeals, decided 1/23/95 (Docket No. 153751). Defendant now appeals as of right. We affirm. Defense counsel was not entitled to personally inspect the confidential Department of Social Services records. Pennsylvania v Ritchie, 480 US 39, 59-60; 107 S Ct 989; 94 L Ed 2d 40, 58-59 (1987); Stanaway, 446 Mich at 649-650, 679. Defendant urges this Court to hold that Stanaway was wrongly decided on this point. A decision of the Supreme Court is binding on this Court until the Supreme Court overrules itself, however. O’Dess v Grand Trunk Western R Co, 218 Mich App 694, 700; 555 NW2d 261 (1996). Accordingly, we may not revisit this holding of Stanaway. Id. Additionally, defendant is not entitled to a new trial. The information disclosed at the in camera hearing was not material to the issue of possible other sources of the scarring observed by the physician. People v Adair, 452 Mich 473, 482; 550 NW2d 505 (1996); People v Haley, 153 Mich App 400, 405; 395 NW2d 60 (1986). -1­ Affirmed. /s/ Henry William Saad /s/ Harold Hood /s/ Gary R. McDonald -2­

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