People v. Dunbar

I would affirm the decisions of both the Court of Appeals and the circuit court. The prosecution’s initiation of a second preliminary examination, without introducing new evidence, violated defendant’s due process right to a fair proceeding.

A

The prosecution brings an issue of first impression to this Court, although the Court of Appeals has addressed it several times.1 The prosecution filed a criminal action against defendant Dunbar a second *619time with no new evidence after having obtained dismissal of an identical action during the preliminary examination. When presented with a similar…