Preliminary Examination In Michigan

In People v. Hunt, 442 Mich 359, 360-365; 501 NW2d 151 (1993), the Supreme Court observed that "the right to a preliminary examination in Michigan is a creation of statute. There is no federal or state constitutional requirement." The Hunt Court then held that amending an information to add a new charge was allowable as long as: (1) the proofs presented at the preliminary examination were sufficient to support a bindover on the added charge; (2) the added charge did not cause the defendant "unfair surprise, inadequate notice, or an insufficient opportunity to defend." Hunt, supra at 364-365.