People v. Adams, 81468

• Citation: 440 N.W.2d 416
• Decision Date: 09 June 1989
• Docket Number: No. 81468,81468
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Albert Henry ADAMS, Defendant-Appellant. 440 N.W.2d 416
• Court: Supreme Court of Michigan

Page 416

440 N.W.2d 416

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Albert Henry ADAMS, Defendant-Appellant.

No. 81468.

440 N.W.2d 416

Supreme Court of Michigan.

June 9, 1989.

ORDER

The defendant filed a letter request for review of his conviction under MCR 7.303, to determine whether leave to appeal or other relief should be granted by this Court, and this Court ordered the prosecutor to show cause why the defendant's conviction ought not to be reversed. The Court of Appeals decision, the Court of Appeals briefs and record, the trial court record, and the prosecutor's response to this Court's July 26, 1988 order to show cause and the defendant's response thereto have been considered.

On order of the Court, the letter request for review is DENIED, because the Court is not persuaded that relief should be granted.

LEVIN, J., would grant leave to appeal to reconsider People v. Arenda, 416 Mich. 1, 330 N.W.2d 814 (1982), in light of People v. Haley, 153 Mich.App. 400, 395 N.W.2d 60 (1986), State v. Pulizzano, 148 Wis.2d 190, 434 N.W.2d 807 (1988), Commonwealth v. Black, 337 Pa.Super. 548, 487 A.2d 396 (1985), Commonwealth v. Ruffen, 399 Mass. 811, 507 N.E.2d 684 (1987), Summitt v. State, 101 Nev. 159, 697 P.2d 1374 (1985); State v. Carver, 37 Wash.App. 122, 678 P.2d 842 (1984), and People v. Ruiz, 71 A.D.2d 569, 418 N.Y.S.2d 402 (1979), and also to consider whether the defendant's conviction should be reversed because the argument of the prosecutor, "how does a five year old ... know about all of these things," was improper in light of the evidentiary ruling barring the evidence tending to show that the child had been sexually abused by a family member other than the defendant.