BATTLE CREEK (AP) – The Michigan Supreme Court has turned down an appeal from a state trooper who was involved in a case of mistaken identity.

The court apparently was tied, 3-3, Thursday, meaning an appeals court decision stands.

Billy Rowe spent a weekend in the Calhoun County jail in 2011 until police figured out they had the wrong Billy Rowe in a child pornography investigation.

The appeals court said a civil lawsuit can go forward against Trooper Dennis Milburn. He had interviewed the true suspect back in 2005 in Mount Morris, near Flint, and wrote a report.

But no arrest was made until six years later — when the wrong Rowe was arrested in Calhoun County and transported more than 100 miles to Genesee County.

The wrong Rowe was released after three days but had to ride home with his hands cuffed behind him.

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