Legal Opinion

People v. Barksdale

Michigan Court of Appeals

Decided December 23, 1996No. Docket 187328PublishedCited by 10 opinions

1Per curiam

We granted leave to determine the appropriate standard of judicial review of a prosecutor’s charging decision. The trial court applied the “abuse of discretion” standard. We disagree and reverse and remand the matter for further proceedings consistent with this opinion.

Defendant, a police officer, knowingly made false statements in an affidavit submitted in support of a request for a search warrant. After the warrant was authorized and executed, defendant went to the officer in charge and admitted that he had made false statements in the affidavit in reliance on information he received from…

2Cases cited4 opinions

  1. Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1972
  2. People v. FordMichigan Supreme Court · 1987
  3. People v. SiebertMichigan Supreme Court · 1995
  4. People v. MorrowMichigan Court of Appeals · 1995

3Cited by10 opinions

  1. People v. HerndonMichigan Court of Appeals · 2001
  2. People v. ConatMichigan Court of Appeals · 2000
  3. People v. RussellMichigan Court of Appeals · 2005
  4. People of Michigan v. David Benjamin DunnMichigan Court of Appeals · 2016
  5. People of Michigan v. Demetris YoungMichigan Court of Appeals · 2019

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