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WAYNE COUNTY PROSECUTOR ATTY. v. DETROIT RECORDER'S COURT JUDGE

Docket No. 18907.

64 Mich. App. 408 (1975)

235 N.W.2d 799

WAYNE COUNTY PROSECUTING ATTORNEY v. DETROIT RECORDER'S COURT JUDGE

Michigan Court of Appeals.

Decided September 22, 1975.

Attorney(s) appearing for the Case

William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Michael O. Lang, Assistant Prosecuting Attorney, for the plaintiff.

Before: DANHOF, P.J., and R.B. BURNS and R.M. MAHER, JJ.

R.B. BURNS, J.

Plaintiff brings an original civil action seeking a writ of superintending control and requesting us to vacate a judgment of the court below and declare a mistrial.

Plaintiff's complaint evolves from the actions of a Recorder's Court Judge in the case of People v Hibbitt, Recorder's Court No. 73 00649. On the evening of May 31, 1973, the jury informed the court that it had reached a verdict. The judge excused the jury until the next morning...

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