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PEOPLE v. COUTU

Nos. 110652, 110727, and 110728, Calendar Nos. 3-4.

589 N.W.2d 458 (1999)

459 Mich. 348

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James COUTU, Sr., Arthur Kinney, Gerald Reeves and Hollie Spear, Defendants-Appellees. People of the State of Michigan, Plaintiff-Appellant, v. Gerard Leo Carlin, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 9, 1999.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, Daniel L. Lemisch, Chief, Appellate Division, and Kathryn G. Barnes, Assistant Prosecuting Attorney, Pontiac, MI, for People in Coutu.

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

Arthur Jay Weiss, Farmington Hills, MI, for defendant-appellee Coutu.

Fieger, Fieger & Schwartz, P.C. (by Michael Alan Schwartz), Southfield, MI, for defendant-appellee Reeves.

Thomas Kizer, Jr., and Darrell L. Cho, Howell, MI for defendant-appellee Carlin.

OPINION

MARILYN J. KELLY, J.

We granted leave in these cases to determine whether deputy sheriffs are "public officials" for purposes of the common-law offense of misconduct in office. We find that deputy sheriffs are public officials for purposes of these charges when the allegations supporting them arise from the performance of their duties.

I. FACTUAL AND PROCEDURAL BACKGROUND

PEOPLE v. COUTU

Defendants, deputy sheriffs...

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