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PEOPLE v. TESEN

Docket No. 275401.

739 N.W.2d 689 (2007)

276 Mich. App. 134

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Daniel Sanford TESEN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 26, 2007, at 9:10 a.m.

Released for Publication October 11, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and William J. Vailliencourt, Jr., Assistant Prosecuting Attorney, for the people.

Gatesman and Spickard, P.L.C. (by Mack T. Spickard), Howell, for the defendant.

Before: MARKEY, P.J., and SAWYER and BANDSTRA, JJ.

PER CURIAM.

On remand from the Supreme Court for consideration as on leave granted,1 the Livingston County Prosecuting Attorney appeals from an order of the trial court that disqualified an assistant prosecutor from trying this criminal case. We conclude that, because that prosecutor had assumed a lead role in investigating the case and, therefore, was likely to be a necessary witness at trial, the disqualification order was not clearly...

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