Order Michigan Supreme Court
Lansing, Michigan
June 28, 2010 Marilyn Kelly,
Chief Justice
Rehearing No. 563 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
1 December 8 Stephen J. Markman
Diane M. Hathaway,
Justices
136648
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 136648
COA: 277012
Wayne CC: 06-013878-01
EDWIN DEWAYNE RICHMOND,
Defendant-Appellant.
______________________________________
AMENDMENT TO ORDER
On order of the Court, this Court’s June 28, 2010 order is amended to correct the
third paragraph to read as follows:
Moreover, we note that the prosecutor has non-frivolous arguments
such that she can appropriately seek to reinstate her case. The comments to
MRPC 3.1 define “frivolous” as “an action taken primarily for the purpose
of harassing or maliciously injuring a person.” In light of the intervening
change in the law in Keller, in view of the fact that the prosecutor has
received a unanimous Court of Appeals decision in her favor, and in view
of the clarifying nature of the instant decision, we believe that reasonable
arguments remain available to the prosecutor to explain why reinstatement
of charges under these circumstances is appropriate.
The remainder of the order and the separate statements of the Justices remain
unchanged.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 28, 2010 _________________________________________
Clerk