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Warner's One Court of Justice Blog, Featuring Jason Byrne: COA Opinion: Alleged Unlawful Detention Does Relieve an Individual From Criminal Liability for Assaulting Police Officers

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3/11/2010

On March 9, 2010, the Court of Appeal published its January 2010 decision in People v. Corr, No. 289330. In this case, the Court of Appeals reversed the decisions of the district and circuit courts which had found that a criminal defendant should not be bound over for trial on a charge of resisting a police officer where the underlying detention of that individual was illegal. In this case, the defendant was a passenger in a truck where the driver had already been arrested for drunk driving. After the driver's arrest, defendant exited the truck and refused to comply with police instructions to get back in the vehicle and then kicked and shoved the officers.

Read more of Jason's entry on the One Court of Justice blog here.