PEOPLE v. GEORGE

Docket No. 52491.

114 Mich. App. 204 (1982)

318 N.W.2d 666

PEOPLE v. GEORGE

Michigan Court of Appeals.

Decided March 17, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Frank J. Bernacki, Assistant Prosecuting Attorney, for the people.

Sommers, Schwartz, Silver & Schwartz, P.C. (by Lawrence Warren), for defendant George.

Barris, Golob & DuMouchel, P.C. (by Ivan E. Barris and Howard I. Wallach), for defendant Paluzzi.

Cartsos, Simon & Korachis, for defendant Hatsios.

Before: BASHARA, P.J., and T.M. BURNS and ALLEN, JJ.


ALLEN, J.

When a trial judge has found no probable cause to hold a defendant for trial and the prosecutor has appealed that decision, may the prosecutor seek to dismiss the appeal and bring new charges against the defendant when he has discovered no new evidence? We believe that, on the facts of this case, this procedure violates a defendant's right to due process of law.

On January 25, 1979, defendants George Henry George, John W. Paluzzi and Demetrios Hatsios...

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