People of Michigan v. David Arnold Clifford

Michigan Supreme Court

People of Michigan v. David Arnold Clifford

DecidedMarch 28, 2021

Docket161744

StatusPublished

This text of People of Michigan v. David Arnold Clifford (People of Michigan v. David Arnold Clifford) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. David Arnold Clifford, (Mich. 2021).

Pincite

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 31, 2021 Bridget M. McCormack, Chief Justice

161744 Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch, Plaintiff-Appellee, Justices

v SC: 161744 COA: 349359 Wayne CC: 18-006845-FC DAVID ARNOLD CLIFFORD, Defendant-Appellant. _______________________________________/

On order of the Court, the application for leave to appeal the May 28, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment ordering reinstatement of the identity theft charge. As explained by dissenting Judge Jansen, in the absence of evidence that the decedent did not actually use or authorize the use of his bank card, there was not probable cause to bind over the defendant on the identity theft charge. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.

ZAHRA, J., did not participate due to a familial relationship with counsel of record.

I, Larry S. Royster, 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. March 31, 2021 b0324 Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

Order Michigan Supreme Court Lansing, Michigan

March 31, 2021 Bridget M. McCormack, Chief Justice

161744 Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch, Plaintiff-Appellee, Justices

v SC: 161744 COA: 349359 Wayne CC: 18-006845-FC DAVID ARNOLD CLIFFORD, Defendant-Appellant. _______________________________________/

On order of the Court, the application for leave to appeal the May 28, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment ordering reinstatement of the identity theft charge. As explained by dissenting Judge Jansen, in the absence of evidence that the decedent did not actually use or authorize the use of his bank card, there was not probable cause to bind over the defendant on the identity theft charge. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.

ZAHRA, J., did not participate due to a familial relationship with counsel of record.

I, Larry S. Royster, 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. March 31, 2021 b0324 Clerk

Cite This Page — Counsel Stack

Bluebook (online)

People of Michigan v. David Arnold Clifford, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-david-arnold-clifford-mich-2021.