PEOPLE v. GOECKE

Docket Nos. 105878, 106433, 108961, Calendar Nos. 2, 3, 19.

579 N.W.2d 868 (1998)

457 Mich. 442

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Jason Adam GOECKE, Defendant-Appellee. PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Allen BAKER, Defendant-Appellee. PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James HOSKINSON, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 2, 1998.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, and Marilyn J. Day, Assistant Prosecuting Attorney, Pontiac, for People in Goecke.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, and David A. Kuebler, Chief, Research, Training, and Appeals, Flint, for People in Baker.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training, and Appeals, and Janet A. Napp, Assistant Prosecuting Attorney, Detroit, for People in Hoskinson.

Mark G. Butler, Center Line, for defendant Goecke.

Denise D. Couling, Terrance P. Sheehan, Grand Blanc, and Joseph J. Farah, Flint, for defendant Baker.

Daniel J. Rust, Redford, for defendant Hoskinson.

William Forsyth, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, amici curiae, for Prosecuting Attorneys Association of Michigan.

P.E. Bennett, Ann Arbor, for Criminal Defense Attorneys of Michigan.


Opinion

BOYLE, Justice.

In People v. Goecke we granted leave to decide two issues: (1) whether the district court abused its discretion in refusing to bind defendant over on a second-degree murder charge, and (2) whether the circuit court properly granted the prosecution's motion to amend the information to reinstate the second-degree murder charge. In People v. Baker and People v. Hoskinson...

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