Blog Posts Tagged with preliminary examination; district court magistrates; People v Lemmon; witness credibility; bind over

Michigan Supreme Court: Magistrates Can Assess Witness Credibility At Preliminary Exam

by: Matt Newburg

March 28, 2018 at 7:49 AM EDT

In People v Anderson, the Michigan Supreme Court has clarified the role of district court magistrates during a defendant’s preliminary examination, finding that magistrates can weigh the credibility of witness testimony when deciding whether to bind over a defendant for trial.

The Supreme Court held the magistrate in Anderson did not abuse her discretion in finding the complainant’s testimony was not credible and therefore dismissing the charges brought against the defendant.

“We hold...