People v. Rivera
301 Mich. App. 188
| Mich. Ct. App. | 2013Background
- Prosecution appeals trial court's dismissal of charges: larceny in a building, two counts of felonious assault, domestic assault, and malicious destruction of personal property.
- Defendant arrested March 12, 2011; complaint and warrant issued March 23, 2011.
- MDOC notified district court April 21, 2011 that defendant may have pending charges or be a felony suspect; notice sent to court, not necessarily to prosecutor.
- Defendant remained incarcerated on unrelated MDOC charges; no record shows prosecutor received the MDOC notice.
- Arraigned in district court January 10, 2012; waived preliminary examination; bound over to circuit court; arraigned February 9, 2012 in circuit court; pled not guilty.
- March 2, 2012 defense motion to dismiss for speedy-trial violation; March 14, 2012 hearing; trial court granted dismissal based on 180-day rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 180-day rule was correctly invoked to dismiss | Prosecution argues the rule was triggered by MDOC notice. | Defendant argues the MDOC notice to district court did not trigger the rule since no certified-mail notice to the prosecutor occurred. | Trial court erred; 180-day rule not triggered. |
| Whether defendant's speedy-trial right was violated by prosecutorial delay | Prosecution contends prejudice from delay shown or presumed. | Defendant asserts no prejudice proven. | No speedy-trial violation shown; prejudice not demonstrated. |
Key Cases Cited
- People v Williams, 475 Mich 245 (2006) (180-day rule requires notice to prosecutor via certified mail)
- People v McLaughlin, 258 Mich App 635 (2003) (speedy-trial analysis includes prejudice or lack thereof)
- Cain, 238 Mich App 95 (1999) (presumption of prejudice when delay exceeds 18 months)