PEOPLE OF MI V ROBERT PARNELL HIGGINS
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 1, 2002
Plaintiff-Appellant,
v
No. 221582
Eaton Circuit Court
LC No. 99-000036-FH
MARTRICE ANTON MITCHELL,
Defendant-Appellee.
ON REMAND
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v
No. 221586
Eaton Circuit Court
LC No. 99-000035-FH
ROBERT PARNELL HIGGINS,
Defendant-Appellee.
Before: Bandstra, P.J., and Cavanagh and Zahra, JJ.
PER CURIAM.
We consider this case again pursuant to an order of our Supreme Court remanding it to us
for reconsideration in light of People v Hardiman, 466 Mich 417; 646 NW2d 158 (2002).
People v Mitchell, 467 Mich 859; ___ NW2d ____ (2002). We again affirm.
In Hardiman, supra, the Supreme Court reversed the rule against allowing an “inference
upon an inference” to establish evidence sufficient for a finding of criminal guilt or, in this case,
a bind over on a criminal charge. Id. at 428. The “inference upon an inference” rule had been
established by our Supreme Court in People v Atley, 392 Mich 298; 220 NW2d 465 (1974), a
precedent that we cited in our previous opinion here.
However, we did not conclude that the evidence here was insufficient to support the bind
over on the conspiracy charge unless inferences were piled upon each other. Instead, we
concluded that there was simply insufficient evidence, considered in any manner, to support the
bind over. People v Mitchell, unpublished opinion per curiam of the Court of Appeals, issued
June 23, 2000 (Docket Nos. 221582, 221586), slip op at 2-3. Having reviewed the record again,
-1-
we continue to reach that conclusion and affirm the circuit court’s decision to quash the
conspiracy charge.
We affirm.
/s/ Richard A. Bandstra
/s/ Mark J. Cavanagh
/s/ Brian K. Zahra
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
