Michigan Supreme Court Hears Arguments About Whether Prosecutor Can Use Voluntary Dismissals to Create Final Orders for Appellate Purposes.
On December 8, 2009, the Michigan Supreme Court will hear oral arguments in People v Richmond, Supreme Court No. 146648. The Supreme Court granted leave to the defense to determine whether a prosecutor who loses a pretrial ruling can create a final order by voluntarily dismissing the prosecution. Traditionally under Michigan law a party could not appeal a consent order. Recently, the prosecuted have done precisely this. The Supreme Court has granted leave to determine whether the State is exempt from this traditional limitation. Read More...