Oakland County Prosecutor v. Forty-Sixth District Judge

Linda Zuppke (hereinafter defendant) was charged with delivery of a controlled substance, MCLA 335.341(l)(b); MSA 18.1070(41)(l)(b). At the conclusion of the preliminary examination, the district judge granted defendant’s motion to dismiss on the basis of entrapment. The people petitioned the circuit court for a writ of superintending control requiring that defendant be bound over for trial. The circuit court granted the writ and defendant appeals of right.

Before reaching the merits, a procedural question must be resolved. Was superintending control the appropriate method for reviewing the…