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PEOPLE v. CAVAIANI

Docket No. 101942.

172 Mich. App. 706 (1988)

432 N.W.2d 409

PEOPLE v. CAVAIANI

Michigan Court of Appeals.

Decided November 7, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Paul J. Fischer, Assistant Prosecuting Attorney, for the people.

Mueckenheim & Mueckenheim, P.C. (by Robert C. Mueckenheim), for defendant.

Amicus Curiae:

James Gregart (by Jerrold Schrotenboer), for Prosecuting Attorneys Association of Michigan.

Tom Downs, for Michigan Society for Psychoanalytic Psychology.

Colleen V. Ronayne, Guardian ad Litem.

Before: WAHLS, P.J., and HOOD and N.J. KAUFMAN, JJ.

N.J. KAUFMAN, J.

We granted the people leave to appeal from the circuit court's order declaring MCL 722.633(2); MSA 25.248(13)(2) unconstitutional and dismissing the complaint and warrant charging that defendant failed to report an instance of suspected child abuse, a misdemeanor.

Originally charged in the 52nd District Court with failing to report as required by § 3 of the Child Protection Law, MCL 722.623; MSA 25.248(3), defendant moved to quash the...

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