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PEOPLE v. HENDERSON

Docket Nos. 285677, 285678, 285773.

765 N.W.2d 619 (2009)

282 Mich. App. 307

PEOPLE v. HENDERSON. People v. Mercier.

Court of Appeals of Michigan.

Decided February 3, 2009, at 9:15 a.m.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Dungan, Kirkpatrick & Dungan, P.L.L.C. (by Michael Dungan), and Richard B. Ginsberg for James E. Henderson, Jr. State Appellate Defender (by Susan M. Meinberg) for Matthew P. Mercier.

Amici Curiae: Mary Chartier and Rose Stern for the Animal Law Section of the State Bar of Michigan.

Alice Anna Phillips for the American Humane Association.

Robert K. Gaecke, Jr., Jackson, for Leelanau Horse Rescue, Inc., and Laura Steenrod.

Before: MARK J. CAVANAGH, P.J., and JANSEN and METER, JJ.

CAVANAGH, P.J.

The prosecution appeals by leave granted the circuit court's reversal of the district court's order binding over defendants on three felony counts of animal torture, MCL 750.50b(2). We reverse and reinstate the charges against both defendants. The prosecution also appeals by leave granted the circuit court's reversal of the district court's forfeiture order that was entered pursuant to MCL 750.50(3). We reverse that order as well.

Between January...

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