Legal Question in Criminal Law in Michigan
Felony case trial in circuit court
If a prelimanary exam was held on a felony case bound over to circuit court and the transcripts were ordered upon completion of the exam. When defence recieved transcripts of the prelim, they were not complete. first day of the prelimanary exams was missing and is crucial to the defences case, is it legal for the defense to suponea the districkt court judge who ruled the bindover to testify to day one of the preliminary considering there are no transcripts and the court reporter who did not deliver the transcripts of day one.
Asked on 10/21/07, 9:00 pm
1 Answer from Attorneys
Re: Felony case trial in circuit court
Judges cannot be compelled to testify under subpoena. There is a proper procedure to re-create the record.
Answered on 10/21/07, 9:29 pm
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