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PEOPLE v. RYAN

Docket No. 100054, Calendar No. 6.

545 N.W.2d 612 (1996)

451 Mich. 30

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Thomas J. RYAN, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 22, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, for the people.

Richard M. Lustig, Birmingham, for defendant-appellee.

Richard B. Ginsberg, Detroit, amicus curiae for Criminal Defense Attorneys of Michigan.

WEAVER, Justice.

At issue in this appeal is whether the federal Drug Enforcement Agency's referral of defendant to state prosecution rendered the state prosecution vindictive. This Court has addressed the issue of vindictive prosecution where a sentence is increased after a defendant's appeal from a criminal conviction,1 but has not directly addressed alleged actual vindictiveness arising in...

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