People v. Reagan

The principal issue on this appeal concerns the binding effect of an agreement, entered into by defendant and the Genesee County Prosecutor’s office, to dismiss the prosecution if defendant passed a polygraph examination. Defendant passed the polygraph examination. Pursuant to the agreement, the prosecutor sought an order of nolle prosequi. Such an order was ap*309proved by the trial court. The prosecutor’s office then reneged on the acknowledged "agreement” and reinstituted prosecution, having obtained information indicating that the polygraph examination of defendant may have been unreliable.…