Opinion
SC: 161785 COA: 343097 SC: 161786 COA: 343098
03-31-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Grant Charles BALOGH, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Gabriel Victor Balogh, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the April 16, 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 the judgment of the Court of Appeals and we REINSTATE the October 24, 2017 orders of the 33rd District Court granting the defendants’ motions for dismissal. The 33rd District Court did not abuse its discretion in concluding that the prosecution failed to present sufficient evidence of the causation elements of the crimes charged to establish probable cause to believe that the defendants committed a felony. People v. Shami , 501 Mich. 243, 250-251, 912 N.W.2d 526 (2018). Even crediting the prosecution's expert medical testimony, in light of the evidence regarding the progressive nature of the decedent's medical condition, as well as her capacity to make her own decisions, it was within the range of principled outcomes for the district court to conclude that "a person of ordinary prudence and caution" would not entertain "a reasonable belief" that the defendants caused the decedent's death. People v. Anderson , 501 Mich. 175, 178, 912 N.W.2d 503 (2018).