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No. 127142
| The People of the State of Michigan, |
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Jerrold Schrotenboer |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(Jackson - Schmucker, C.) |
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| James Richard Large, |
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Robert K. Gaecke, Jr. |
Defendant-Appellee. |
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Plaintiff-Appellant's Brief on Appeal>>
Plaintiff-Appellant's Reply Brief>>
Defendant-Appellee's Brief on Appeal>>
Background
On July 16, 2003, defendant James Richard Large struck and killed an 11-year-old girl on a bicycle as she rode into the street. Just before the accident, Large was traveling eastbound in his truck on Cain Road, in Jackson County . His blood alcohol level was .10, and he was driving 60 or 65 miles per hour in a 55 mile-per-hour zone. The prosecutor's accident-reconstruction expert testified that Large could not have avoided the collision, even if he had not been speeding. The district court refused to bind over Large on the charge of OUIL causing death, although the court did bind over Large on the charge of involuntary manslaughter. The circuit court affirmed as to the charge of OUIL causing death and quashed the charge of involuntary manslaughter. The Court of Appeals affirmed the circuit court's ruling. The prosecutor appeals.
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