People v. Anstey

Today the majority takes its most recent stride in eroding the statutory and constitutional rights of criminal defendants. Despite the Legislature’s clear intent to bestow the right at issue, the majority elects to divest this Court of the ability to redress a violation of the right. Faced with a complaint that a police officer prohibited defendant from exercising his legislatively sanctioned constitutional right to an independent chemical test, the majority’s magic wand of an opinion makes the right disappear. Today’s edict puts Michigan citizens on notice that when the Legislature grants an…