PEOPLE OF MI V ANTHONY DONIQUE CLAY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 26, 2010
Plaintiff-Appellee,
v
No. 286478
Jackson Circuit Court
LC No. 06-004307-FC
ANTHONY DONIQUE CLAY,
Defendant-Appellant.
Before: Cavanagh, P.J., and Fitzgerald and Shapiro, JJ.
SHAPIRO, J. (concurring).
I concur in the result in this case, but write separately to note two points. First, I do not
agree with the majority that there was some failure of preservation in the trial court. Indeed, the
record reveals that defense counsel was vigorous in repeatedly raising the issue of excessive
delay and asserting his client's right to dismissal of the charges. Second, I believe it is significant
to the due process issue that defendant does not claim that the Department of Corrections
purposely delayed issuance of notice to the prosecutor.
/s/ Douglas B. Shapiro
-1-
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