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PEOPLE v. HERRICK

Docket No. 182634.

216 Mich. App. 594 (1996)

PEOPLE v. HERRICK

Michigan Court of Appeals.

Decided May 14, 1996, at 9:15 A.M.

Attorney(s) appearing for the Case

James M. Hunt, Special Prosecuting Attorney, for the people.

Rosi, Senger & Harrison, P.C. (by John Michael Senger), for the defendant.

Before: SMOLENSKI, P.J., and GRIFFIN and A.L. 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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