Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ERIC JOHN MELOTIK, Defendant-Appellant.

UNPUBLISHED August 23, 1996

No. 173864 LC No. 93-DA593

Before: White, P.J., and Fitgerald, and E. M. Thomas,*JJ. PER CURIAM. Plaintiff appeals by leave granted the circuit court's order affirming the district court's order dismissing the case. We affirm. I Defendant was charged with two counts of assault with intent to murder, MCL 750.83; MSA 28.278, and two counts of felony-firearm, MCL 750.227b; MSA 28.424(2). The circuit court suppressed defendant's post-arrest statements at a hearing on September 17, 1993 and granted defendant's motion to dismiss on September 29, 1993. These rulings are not challenged in this appeal. The complaint and warrant were reissued. The district court held an evidentiary hearing on November 5, 1993 to determine whether inculpatory statements made by defendant during his arraignment on the original complaint are admissible, concluding they are not. The arraignment on the original complaint occurred at about 5:10 p.m. on April 26, 1993, before a magistrate. The magistrate advised defendant of the charges against him and of his rights. The magistrate asked defendant whether he had retained counsel and defendant replied affirmatively, that he had retained Dennis Powers. The magistrate stated, "[h]e's not available to be here with you at this time, then, for the

Download PEOPLE OF MI V ERIC JOHN MELOTIK.pdf

Michigan Law