State v. Michaeledes
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The Supreme Court reversed the order of the circuit court dismissing the second "Felony Information and Non-Felony Complaint" brought by the State recharging Defendant after the circuit court dismissed the charging document as insufficient, holding that, under the facts of this case, the circuit court erred.
Defendant was charged with several crimes arising from a hit and run. Defendant moved to dismiss the charges on the grounds that the charging language was fatally insufficient. The circuit court granted the motion, and the State appealed. Thereafter, the State recharged Defendant, attempting to correct the inadequacies identified in the first charging document. The circuit court dismissed, for lack of jurisdiction, the second charging document while the first charging document remained pending on appeal. The Supreme Court reversed, holding that Defendant's filing of the notice of appeal in the first case did not strip the circuit court of jurisdiction over the second case.
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