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PEOPLE v. VAN TUBBERGEN

Docket No. 226082.

642 N.W.2d 368 (2002)

249 Mich. App. 354

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Lee VAN TUBBERGEN, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 22, 2002, at 9:05 a.m.

Released for Publication April 4, 2002.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Ronald J. Frantz, Prosecuting Attorney, and Jon Hulsing, Assistant Prosecuting Attorney, for the people.

Hann Persinger, P.C. (by Donald H. Hann), Holland, for the defendant.

Cohl, Stoker & Toskey, P.C. (by John R. McGlinchey), Lansing, for Michigan Sheriffs' Association, Amicus Curiae.

Before: GRIFFIN, P.J., and GAGE and METER, JJ.

GRIFFIN, P.J.

Defendant appeals by leave granted from the circuit court order affirming the decision of the district court denying defendant's motion to suppress and finding defendant guilty of operating a vehicle while under the influence of intoxicating liquor (OUIL), M.C.L. § 257.625(1)(a). This appeal from an OUIL conviction raises the novel issue whether the sheriff's appointment of employees of a religiously affiliated college as deputy sheriffs with full...

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