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Michigan Supreme Court Hears Appeal of Wayne County Circuit Court Drug Case

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
The Michigan Supreme Court has published its oral argument schedule for the week. Among the cases scheduled for Tuesday morning is People v Richmond.

After receiving an anonymous tip that Edwin Richmond was growing marijuana, Livonia police officers searched trash outside his home, finding a marijuana stem and mail addressed to him. The police then obtained a warrant to search Richmond’s home, where they discovered guns and marijuana plants. Richmond was charged with manufacturing marijuana plants, possession with intent to deliver marijuana, and felony-firearm. Richmond filed a motion to suppress, arguing that the anonymous tip and the evidence recovered in the trash were insufficient to support the issuance of the search warrant. The Wayne County Circuit Court granted the motion, finding that there was no evidence that the anonymous caller spoke with personal knowledge.

After the trial court made the unfavorable evidentiary ruling, the prosecutor determined that the ruling left no evidence that would allow the prosecution to continue, and dismissed all charges against the defendant. The prosecutor appealed the unfavorable ruling to the Court of Appeals. In an unpublished opinion, the Court of Appeals reversed the trial court and reinstated the charges against the defendant.

The defendant appeals to the Michigan Supreme Court. He challenges the Court of Appeals analysis and the prosecutor’s ability to appeal the search warrant ruling, arguing that the appeal was moot because the prosecutor had dismissed the case. After initially denying leave to appeal, the Michigan Supreme Court granted leave, “limited to the issue of whether the prosecutor’s dismissal of the charges rendered moot the prosecutor’s subsequent appeal to the Court of Appeals.”

The session will be held on December 8 in the Supreme Court’s courtroom on the sixth floor of the Michigan Hall of Justice in Lansing. Oral arguments will begin at 9:30 a.m. The Court’s oral arguments are open to the public.


NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: examiner.com
Author: Margaret Lucas Agius
Copyright: 2009 Clarity Digital Group LLC d/b/a Examiner.com
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Website: Michigan Supreme Court hears appeal of reinstatement of Wayne County Circuit Court drug case
 

Warbux

New Member
hmmmmm, just WTF can i say? :roorrip:
 
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