Preliminary Exam Michigan First Degree Murder
The case of People v Pinkney progressed to the preliminary examination stage on December 1, 2009. Attorneys David Draper and Corbett Edge O'Meara held the examination. In Michigan, the preliminary exam is the People's opportunity to produce enough evidence for the district court judge to determine whether there is sufficient evidence to bind the defendant over for trial in the circuit court. Preliminary exams are only held in Michigan felony cases. They are often waived in cases where the defense would rather not make a permanent record of the alleged crime. Sometimes, the defense suspects that a witness may not be available for trial, so it is advantageous to waive the exam. In other cases, the defense wants to hear all that it can regarding the People's case. Often after the exam, the defense will move to dismiss certain or all of the charges.
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