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PEOPLE v. HERRICK

Docket No. 182634.

550 N.W.2d 541 (1996)

216 Mich. App. 594

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Debra (Parmentier) HERRICK, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 14, 1996, at 9:15 a.m.

Released for Publication July 12, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and James M. Hunt, Special Prosecuting Attorney, for People.

Rosi, Senger & Harrison, P.C. by John Michael Senger, Traverse City, for defendant.

Before SMOLENSKI, P.J., and GRIFFIN and GARBRECHT, JJ.

PER CURIAM.

Defendant appeals by leave granted an order denying her motion to dissolve the appointment of a special prosecutor. The appointment had been made after the Grand Traverse County Prosecutor decided not to prosecute defendant.

We reverse and remand for further proceedings. In doing so, we hold that a prosecutor's decision to refrain from prosecuting is not, in itself, a conflict of interest authorizing the appointment of a special prosecutor pursuant...

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