Opinion
No. 106267.
June 21, 1996
Leave to Appeal Denied June 21, 1996:
Court of Appeals No. 193577.
I would grant leave to appeal.
Const 1963, art 1, § 15, MCL 765.5; MSA 28.892, and MCR 6.106(B)(1)(a)(i) provide that pretrial release can be denied where the defendant is charged with murder upon a finding that proof of the accused's guilt is evident or the presumption great.
The Recorder's Court judge granted the defendant's motion for bond, setting bond in the amount of $75,000 personal recognizance. The Court of Appeals, by peremptory order, ruled that the Recorder's Court judge abused her discretion in finding that proof of the accused's guilt was not evident, nor was the presumption great. In explanation, the Court of Appeals said:
Eyewitnesses provided testimony which would support a finding of premeditation and deliberation. People v Vail, 393 Mich. 460; 227 N.W.2d 535 (1975).
Although there may have been eyewitness testimony that would support a finding of deliberation and premeditation, it does not follow that the Recorder's Court judge abused her discretion in finding that proof of the defendant's guilt was not evident, nor the presumption great.
CAVANAGH, J. I concur in the statement by Justice LEVIN.