Michigan Court of Appeals Rules that Judge Lacks Authority to Dismiss Criminal Case Based on Prosecution Deliberate Misstatements

Desperate to get an adjournment of an impending trial date, a Wayne County prosecutor falsely told Judge Michael Hathaway that the officer/witness had became disabled. The Court granted the adjournment and later learned the story was false. The reality was the officer as a witness in a District Court. The trial court dismissed the case. The Court of Appeals found that separation of powers prohibited him from doing this in a criminal case. People v Gray, No 288052, 2009 WL 3401133 (Mich Ct App Oct 22, 2009). Read More...