stating that this Court reviews the evidence presented up to the time of the motion in the light most favorable to the prosecution to determine whether the trier of fact could have found the essential elements of the crime were proven beyond a reasonable doubt
How later courts described this case
- stating that this Court reviews the evidence presented up to the time of the motion in the light most favorable to the prosecution to determine whether the trier of fact could have found the essential elements of the crime were proven beyond a reasonable doubt
- noting that "[g]iven the jury's refusal to either acquit or convict of the lesser offense [of second-degree murder], defendant has failed to demonstrate that a `miscarriage of justice' occurred when the trial court failed to instruct on involuntary manslaughter"
- holding that courts must consider, in addition to the dictionary definition, the placement and purpose of those words in the context of the statutory scheme
- noting that “[t]he exercise of judicial power over the discharge of the prosecutor’s duties is limited to those activities or decisions by the prosecutor that are unconstitutional, illegal, or ultra vires”
Written by the judges who cited it.
The opinion
CAVANAGH, J.
{concurring in part and dissenting in part). I concur with the opinion written by Chief Justice TAYLOR. I write separately only to reiterate my belief that when the evidence produced at a preliminary examination is legally insufficient to support binding a *150 defendant over for trial, the defendant is entitled to automatic reversal. See People v Hall, 435 Mich 599, 616-629 ; 460 NW2d 520 (1990) (CAVANAGH, J., dissenting). The inquiry is not dependent on whether the defendant nonetheless received a fair trial.
KELLY, J., concurred with CAVANAGH, J.