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PEOPLE v. PHILABAUN

Docket No. 114405.

602 N.W.2d 371 (1999)

461 Mich. 255

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Harry David PHILABAUN, Defendant-Appellee.

Supreme Court of Michigan.

October 26, 1999.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Cheryl E. Werner, Assistant Prosecuting Attorney, Monroe, MI, for the people.

Nearpass & Hudson, P.C. (by Leslie M. Carr), Monroe, MI, for the defendant-appellee.

Elwood Brown, President, John D. O'Hair, Wayne County Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, MI, amicus curiae, for Prosecuting Attorneys Association of Michigan.

Opinion

PER CURIAM.

The defendant was charged with the offense commonly known as resisting or obstructing a police officer, but the district court dismissed the case. The circuit court and the Court of Appeals affirmed. We reverse the judgments of the Court of Appeals and the circuit court, and remand this case to district court.

I

One evening in August 1996, Deputy Ken Booker of the Monroe County Sheriff's Department was parked alongside...

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