People v. Green

The prosecution appeals by leave granted the trial court’s order granting defendant’s motion to retest a blood sample given by him following a traffic accident. The order required the Michigan State Police (MSP) Forensic Laboratory to retest the same vial of blood that had been previously tested, using the same lab analyst. Because there is no basis in MCL 257.625a for retesting the blood sample, and because MCR 6.201 provides the trial court with only the authority to order that defendant be given the opportunity to test the vial of blood, we reverse and remand for proceedings not otherwise…