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No. 128724
| People of the State of Michigan, |
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T. Lynn Hopkins |
Plaintiff-Appellant, |
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vs (Kent - Lieber, D.) |
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| Macario G. Yamat, Jr., |
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Jolene J. Weiner-Vatter |
Defendant-Appellee. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellant's Supplemental Brief>>
Defendant-Appellee's Brief in Response to Application for Leave to Appeal>>
Background
Macario G. Yamat, Jr. was a front seat passenger in a car driven by Henrietta Danelson. Yamat and Danelson apparently were engaged in an argument when Yamat reached over and grabbed the top of the steering wheel, causing the moving car to turn. The car went off the road, over the curb, and struck a jogger on the sidewalk. The jogger was seriously injured. The Kent County prosecutor charged Yamat with felonious driving, which requires, among other things, that the prosecutor prove that Yamat "operated" the vehicle. The motor vehicle code states that an "operator" is a person "who is in actual physical control of a motor vehicle" and that "operate" or "operating" means being in actual physical control of a vehicle. The district judge dismissed the case, ruling that Yamat did not "operate" the vehicle. The prosecutor appealed to the circuit court, which affirmed the district court. The Court of Appeals affirmed in a published opinion. The prosecutor appeals.
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