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No. 119889
| The
People of the |
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Martha
G. Mettee (989) 895-4185 |
| State
of Michigan, |
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Plaintiff-Appellee,
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| vs (Appeal
from Ct of Appeals) |
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| (Bay
-- Caprathe, W.) |
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Donna
Alice Yost,
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Edward
M. Czuprynski (989) 894-1155 |
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Defendant-Appellant.
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply
Brief>>
Dennis Richardson Amicus Curiae
Brief >>
Dennis Richardson Supplemental
Amicus Curiae Brief>>
Prosecuting Attorneys Association of Michigan Amicus
Curiae Brief>>
Background
On October 10, 1999, seven-year-old
Monique Yost died of an overdose of imipramine, a medication prescribed
for the child because of bedwetting. It was estimated that she had ingested
about 90-100 pills. Monique's mother, Donna Alice Yost, was charged
with open murder and felony murder. The prosecution's theory was that
Yost dissolved the pills and put them into a liquid for Monique to drink.
The defense argued that Monique ingested the pills herself, possibly
to commit suicide. Both the prosecutor and the defense presented expert
testimony at the preliminary hearing to support their respective views
of the case; one of the prosecution's experts testified that it was
very rare for young children to commit suicide. At the preliminary hearing,
District Court Judge John C. Leaming found that there was no probable
cause to believe that a murder had been committed. Accordingly, the
judge refused to bind Yost over for trial. Bay County Circuit Judge
William J. Caprathe reversed. He found that there was abundant circumstantial
evidence supporting a finding of probable cause that Monique's death
was a homicide and that Yost killed her. The judge noted in part that
Yost had been alone with Monique the day that the child ingested the
medication, and that Yost was angry with Monique and was punishing her
during the time they were alone together. Yost appealed; the Michigan
Court of Appeals declined to review the case. Yost now appeals to the
Michigan Supreme Court.
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