People v. Carlin

These consolidated cases are before this Court for the second time pursuant to the Supreme Court’s decision in People v Carlin, 459 Mich 348; 589 NW2d 458 (1999). The Supreme Court has determined that defendant, an Oakland County deputy sheriff, is a public official and, as such, is subject to the catch-all provision found in MCL 750.505; MSA 28.773 1 for the common-law offense of misconduct in office. 2 Pursuant to the Supreme Court’s decision, we now address the remainder of plaintiff’s claims on appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In Docket No. 186263, defendant was charged with six…