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Lewis Langham, Jr. - Thomas M. Cooley Law School

Lewis Langham, Jr. - Thomas M. Cooley Law School

Lewis Langham, Jr. - Thomas M. Cooley Law

PRELIMINARY-EXAMINATION REFORM: IN FAIRNESS WE TRUST OR A WASTE OF TIME AND RESOURES? LEWIS LANGHAM, JR. * I. INTRODUCTION ....................................................................... 231 II. MICHIGAN’S PRELIMINARY-EXAMINATION PROCESS ............. 232 III. LEADING CONSTITUTIONAL CASES ON PRELIMINARY ................. EXAMINATIONS ...................................................................... 234 IV. THE PRELIMINARY-EXAMINATION PROCESS IN MICHIGAN .... 237 V. THE PROS AND CONS OF PRELIMINARY-EXAMINATION REFORM ................................................................................. 239 VI. CONCLUSION .......................................................................... 244 I. INTRODUCTION In 2005, Michigan’s Attorney General began discussions with legislators on potential ways to eliminate criminal defendants’ rights to a preliminary examination in the State of Michigan. 1 The issue is dormant but has not been resolved, and discussions continue to take * Lewis Langham, Jr., is an Assistant Professor of Law at Thomas M. Cooley Law School in Auburn Hills, Michigan, where he teaches Trial Litigation Skills, Evidence, and Criminal Procedure. Professor Langham accepted his position at the Law School after serving as both Deputy Legal Counsel and Policy Advisor to former Michigan Governor Jennifer Granholm. He received his Associate in Applied Science Degree from Lansing Community College, his Bachelor of General Studies Degree from Wayne State University, his Master of Liberal Studies from Eastern Michigan University, and his Juris Doctorate from Thomas M. Cooley Law School. Before serving for Governor Granholm, Professor Langham was a Criminal Defense Attorney at the Washtenaw County Office of Public Defender in Ann Arbor, Michigan. Professor Langham is also a retired Michigan State Police Detective Lieutenant, having served twenty-five years. Professor Langham would like to thank Jeffrey May, former Editor-in-Chief of the Thomas M. Cooley Law Review, for his assistance in editing this Article and Philip Kim for his research assistance and insight. 1. H. FISCAL AGENCY, LEGIS. ANALYSIS OF H.B. 4796–4797, 4799–4800, 93rd Leg., 1st Spec. Sess. at 1 (Mich. 2005), available at http://www.legislature.mi.gov/documents/2005-2006/billanalysis/House/pdf/2005- HLA-4796-3.pdf.

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