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155172 - People v Tremel Anderson

The People of the State of Michigan,
 
Deborah K. Blair
 
Plaintiff-Appellant,
 
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Glendening, A.)
 
Tremel Anderson,
 
Kristin E. Lavoy
 
Defendant-Appellee.
 

Summary

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 The Court of Appeals affirmed in a split unpublished opinion.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.