PEOPLE v. BARKSDALE

Docket No. 187328.

556 N.W.2d 521 (1996)

219 Mich. App. 484

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Edward BARKSDALE, Jr., Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 15, 1996, at 9:20 a.m.

Released for Publication December 23, 1996.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Joseph A. Puleo, Assistant Prosecuting Attorney, for the People.

Fried, Saperstein & Kriger, P.C. by Mark J. Kriger, Southfield, for defendant-appellee.

Before SAWYER, P.J., and BANDSTRA and O'CONNELL, JJ.


PER CURIAM.

We granted leave to determine the appropriate standard of judicial review of a prosecutor's charging decision. The trial court applied the "abuse of discretion" standard. We disagree and reverse and remand the matter for further proceedings consistent with this opinion.

Defendant, a police officer, knowingly made false statements in an affidavit submitted in support of a request for a search warrant. After the warrant was authorized and executed...

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