Legal Opinion
People v. Herrick
Michigan Court of Appeals
Decided July 12, 1996No. Docket 182634PublishedCited by 9 opinions
1Per curiam
Defendant appeals by leave granted an order denying her motion to dissolve the appointment of a special prosecutor. The appointment had been made after the Grand Traverse County Prosecutor decided not to prosecute defendant.
We reverse and remand for further proceedings. In doing so, we hold that a prosecutor’s decision to refrain from prosecuting is not, in itself, a conflict, of interest authorizing the appointment of a special prosecutor pursuant to MCL 49.160; MSA 5.758.
i
In 1988, defendant was a principal prosecution witness in a murder trial in Otsego County. See generally People v…
2Cases cited22 opinions
- Linda R. S. v. Richard D.Supreme Court of the United States · 1973
- Linda RS v. Richard D.Supreme Court of the United States · 1973
- Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1972
- People v. McQuillanMichigan Supreme Court · 1974
- People v. CanterMichigan Court of Appeals · 1992
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. MayhewMichigan Court of Appeals · 1999
- People v. GilmoreMichigan Court of Appeals · 1997
- In Re HawleyMichigan Court of Appeals · 2000
- People v. GilmoreMichigan Court of Appeals · 1997
- People v. SierbMichigan Court of Appeals · 1996
4 more not listed; retrieve them via the Exa API.