People v. Anstey, 128368.

CourtSupreme Court of Michigan
Citation705 N.W.2d 29,474 Mich. 886
Docket NumberNo. 128368.,128368.
PartiesPEOPLE v. ANSTEY.
Decision Date19 October 2005
705 N.W.2d 29
474 Mich. 886
PEOPLE v. ANSTEY.
No. 128368.
Supreme Court of Michigan.
October 19, 2005.

SC: 128368, COA: 255416.

Application for leave to appeal.

On order of the Court, the application for leave to appeal the February 8, 2005 judgment of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues to be briefed: (1) whether dismissal is the proper remedy for the denial of an independent chemical test in violation of MCL 257.625a(6)(d); and (2) whether this Court's decision in People v. Koval, 371 Mich 453 (1963), was correctly decided.

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3 cases
  • People v. Anstey, Docket No. 128368.
    • United States
    • Supreme Court of Michigan
    • July 31, 2006
    ...Page 583 MCL 257.625a(6)(d); and (2) whether People v. Koval, 371 Mich. 453, 124 N.W.2d 274 (1963), was correctly decided. 474 Mich. 886, 705 N.W.2d 29 We conclude that because the statute does not specify a remedy, dismissal is not warranted for a statutory violation. In so holding, we spe......
  • People v. Derror, Docket No. 129269. COA No. 258346.
    • United States
    • Supreme Court of Michigan
    • October 19, 2005
    ...N.W.2d 704474 Mich. 886PEOPLE of the State of Michigan, Delores Marie DERROR, Defendant-Appellee. Docket No. 129269. COA No. 258346. Supreme Court of Michigan. October 19, 2005. On order of the Court, the motion to add issue is GRANTED. The application for leave to appeal the judgment of th......
  • People v. Quada, Docket No. 130425.
    • United States
    • Supreme Court of Michigan
    • April 28, 2006
    ...the Court of Appeals is considered and, it appearing to this Court that the case of People v. Anstey (Docket No. 128368), 474 Mich. 886, 705 N.W.2d 29 Page (2005) is pending on appeal before this Court and that the decision in that case may resolve an issue raised in the present application......

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