People v. Carlson

The defendant was charged with third-degree criminal sexual conduct (esc m), but the district court refused to bind the defendant over to stand trial. The circuit court affirmed. The Court of Appeals reversed and remanded for clarification of the district court judgment. Because the district court’s decision in this matter, perhaps based on dicta in People v Patterson, 428 Mich 502; 410 NW2d 733 (1987), may have been improperly influenced by a view that the prosecution had to present evidence that defendant “overcame” the victim, we vacate the judgment of the Court of Appeals and remand this…