155172 - People v Tremel Anderson
Attorney Information
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The
People of the State of Michigan,
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Deborah K. Blair
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Plaintiff-Appellant,
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v
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(Appeal from Ct of Appeals)
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(Wayne – Glendening, A.)
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Tremel Anderson,
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Kristin E. Lavoy
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Defendant-Appellee.
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Order Link
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Summary
Page Content
Defendant was charged with various felonies,
including assault with intent to commit murder and weapons offenses, arising
from an incident involving her ex-boyfriend. At the preliminary examination,
the prosecutor presented only the testimony of the ex-boyfriend. The district
court found that the witness was not credible and refused to bind defendant
over for trial. The prosecutor appealed to the circuit court, which refused to
reinstate the charges. The Court of Appeals affirmed in a split unpublished
opinion. The Supreme Court has directed oral argument on the prosecutor’s
application for leave to appeal to address: (1) the manner in which a
magistrate judge may consider the credibility of witnesses at a preliminary
examination when determining whether to bind over a defendant, in light of
People v Yost, 468 Mich 122, 128 n 8 (2003), which instructs that a magistrate
should not refuse to bind a defendant over when the evidence conflicts or
raises reasonable doubt; and (2) whether the circuit court abused its
discretion in dismissing the charges in this instance.