Legal Opinion

People v. Polk

Michigan Court of Appeals

Decided February 25, 1975No. Docket 19743PublishedCited by 6 opinions

1Per curiam

Dr. John E. Polk was arrested in the City of Detroit for violation of the Controlled Substances Act, MCLA 335.341(l)(b); MSA 18.1070(41)(l)(b). On February 4, 1974, Recorder’s Court Judge John R. Murphy, sitting as an examining magistrate, dismissed the complaint and warrant, and discharged defendant. The people filed a claim of appeal in this Court. We conclude that the claim of appeal was improvidently accepted, and the appeal must be dismissed for lack of jurisdiction.

The proper and exclusive remedy for review by the people of a magistrate’s determination to discharge an accused at the…

2Cases cited6 opinions

  1. People v. Flint Municipal JudgeMichigan Supreme Court · 1970
  2. People v. PAILLE 1Michigan Supreme Court · 1970
  3. People v. CasonMichigan Supreme Court · 1972
  4. Wayne County Prosecuting Attorney v. Recorder's JudgeMichigan Court of Appeals · 1970
  5. People v. KerwinMichigan Court of Appeals · 1974

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3Cited by6 opinions

  1. People v. McCoyMichigan Court of Appeals · 1977
  2. Oakland County Prosecutor v. Forty-Sixth District JudgeMichigan Court of Appeals · 1976
  3. Bay County Prosecutor v. Bay County District JudgeMichigan Court of Appeals · 1980
  4. People v. Recorder's Court Judge 1Michigan Court of Appeals · 1977
  5. People v. Recorder's Court JudgeMichigan Court of Appeals · 1981

1 more not listed; retrieve them via the Exa API.

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