People v. Simon

8 Citing cases

  1. People v. Romero

    No. 365941 (Mich. Ct. App. Oct. 11, 2024)

    On this record, we cannot find that the trial court did not "select a reasonable and principled outcome." People v Simon, 339 Mich.App. 568, 580; 984 N.W.2d 800 (2021).

  2. People v. Aiyash

    No. 369689 (Mich. Ct. App. Sep. 25, 2024)   Cited 1 times

    People v Rogers (On Remand), 338 Mich.App. 312, 330-331; 979 N.W.2d 747 (2021) (quotation marks and citation omitted). In specific terms, "in order to bind a defendant over for trial in the circuit court, the district court must find probable cause that the defendant committed a felony based on there being evidence of each element of the crime charged or evidence from which the elements may be inferred." People v Simon, 339 Mich.App. 568, 580; 984 N.W.2d 800 (2021) (quotation marks and citation omitted). "Probable cause requires enough evidence to cause a person of ordinary caution and prudence 'to conscientiously entertain a reasonable belief' of the defendant's guilt." People v Ridge, 319 Mich.App. 393, 403; 901 N.W.2d 406 (2017), quoting People v Yost, 468 Mich. 122, 126; 659 N.W.2d 604 (2003). "The district court abuses its discretion by binding over a defendant when the prosecution has failed to present sufficient evidence to support each element of the charged offense."

  3. People v. Belyy

    No. 368918 (Mich. Ct. App. May. 23, 2024)

    Although it is true that a district court may "rely on inference to establish probable cause for a bindover, a person of ordinary prudence and caution may not infer a fact absent any actual evidence to support the inference of that fact because mere suspicion is not the same as probable cause." People v Simon, 339 Mich.App. 568, 585; 984 N.W.2d 800 (2021) (cleaned up). The prosecutor did not present evidence demonstrating that it was reasonably foreseeable that the tongue weld would fail, or any evidence from which such an inference was permissible.

  4. People v. Whitaker

    No. 369098 (Mich. Ct. App. Dec. 18, 2024)

    "An abuse of discretion occurs if the court does not select a reasonable and principled outcome." People v Simon, 339 Mich.App. 568, 580; 984 N.W.2d 800 (2021). "The district court abuses its discretion by binding over a defendant when the prosecution has failed to present sufficient evidence to support each element of the charged offense."

  5. People v. Schurr

    No. 365104 (Mich. Ct. App. Jan. 25, 2024)

    We are aware that there is at least one line of cases that do state that both the district court's bindover decision and the circuit court's ruling on the motion to quash are reviewed for an abuse of discretion. See People v Simon, 339 Mich.App. 568, 580; 964 N.W.2d 800 (2021), quoting People v Bass, 317 Mich.App. 241, 279; 893 N.W.2d 140 (2016). Bass, in turn, made the same statement, quoting People v Dowdy, 489 Mich. 373, 379; 802 N.W.2d 239 (2011).

  6. People v. Parks

    No. 366171 (Mich. Ct. App. Dec. 14, 2023)

    A. STANDARD OF REVIEW "A district court magistrate's decision to bind over a defendant and a trial court's decision on a motion to quash an information are reviewed for an abuse of discretion." People v Simon, 339 Mich.App. 568, 580; 984 N.W.2d 800 (2021) (quotation marks and citation omitted). An abuse of discretion occurs when a trial court's decision "falls outside the range of principled outcomes."

  7. People v. Dukes

    No. 359708 (Mich. Ct. App. Jun. 22, 2023)

    "In order to bind a defendant over for trial in the circuit court, the district court must find probable cause that the defendant committed a felony based on there being evidence of each element of the crime charged or evidence from which the elements may be inferred." People v Simon, 339 Mich.App. 568, 580; 984 N.W.2d 800 (2021) (cleaned up). "A defendant may not appeal whether the evidence at the preliminary examination was sufficient to warrant a bind over if the defendant was fairly convicted of the crimes at trial."

  8. People v. McConnell

    No. 359856 (Mich. Ct. App. May. 18, 2023)

    "An abuse of discretion occurs if the court does not select a reasonable and principled outcome." People v Simon, 339 Mich.App. 568, 580; 984 N.W.2d 800 (2021).