People v. Fiorini

This writer is unable to agree with the new opinion of my brothers in this case. This writer chooses to stand fast with the original opinion of the Court found at 53 Mich App 389; 220 NW2d 70 (1974).

Upon motion for rehearing, this case was remanded to the trial court for an evidentiary hearing with the burden on the prosecution1 to determine: (1) whether the delay was explainable; (2) whether the delay was deliberate; and, (3) whether the defendant had been prejudiced by the delay. These three factors derive from People v Hernandez, 15 Mich App 141, 147; 170 NW2d 851, 854 (1968). Hernandez…