People v. Yost

We granted leave to appeal in this case to determine whether the examining magistrate abused his discretion when he refused to bind defendant over for trial in the circuit court. Finding such an abuse occurred, we affirm the circuit court judgment that reinstated the charges.

I. proceedings below

Donna Yost was charged with open murder, MCL 750.316(l)(a), and felony murder, MCL 750.316(l)(b), 1 of her seven-year-old daughter Monique, who died of an overdose of a prescription medication called Imipramine on Sunday, October 10, 1999.

The preliminary examination lasted seven days. The prosecution…