People v. Anstey, 128368.

Decision Date19 October 2005
Docket NumberNo. 128368.,128368.
Citation705 N.W.2d 29,474 Mich. 886
PartiesPEOPLE v. ANSTEY.
CourtMichigan Supreme Court

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
    • United States
    • Michigan Supreme Court
    • July 31, 2006
    ...violation of 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 (2005). We conclude that because the statute does not specify a remedy, dismissal is not warranted for a statutory violation. In so hol......
  • People v. Derror, Docket No. 129269. COA No. 258346.
    • United States
    • Michigan Supreme Court
    • October 19, 2005
  • People v. Quada, Docket No. 130425.
    • United States
    • Michigan Supreme Court
    • April 28, 2006
    ... ... Anstey (Docket No. 128368), 474 Mich. 886, 705 N.W.2d 29 ... (2005) is pending on appeal before this Court and that the decision in that case may resolve an ... ...

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