People v. Barker

Decision Date01 April 1981
Docket NumberNo. 65676,65676
Citation306 N.W.2d 100,411 Mich. 866
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert Earl BARKER, Jr., Defendant-Appellant.
CourtMichigan Supreme Court
ORDER

On order of the Court, the delayed application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, we REVERSE the Court of Appeals, 97 Mich.App. 253, 293 N.W.2d 787 judgment and REMAND the matter to the Saginaw Circuit Court for new trial. The Court of Appeals determined that the trial court erred in its ruling of admissibility as to the prior convictions. Such error is not, however, rendered harmless either by the fact that the defendant ultimately testified or by the fact that defense counsel first raised the matter during direct examination of the defendant.

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4 cases
  • People v. Brown
    • United States
    • Court of Appeal of Michigan — District of US
    • November 27, 1987
    ...the commission of a crime." See also People v. Barker, 97 Mich.App. 253, 255, 293 N.W.2d 787 (1980), rev'd on other grounds 411 Mich. 866, 306 N.W.2d 100 (1981); People v. Larcinese, 108 Mich.App. 511, 310 N.W.2d 49 (1981); People v. Weatherford, 129 Mich.App. 359, 361, 341 N.W.2d 119 (1983......
  • People v. Blackburn
    • United States
    • Court of Appeal of Michigan — District of US
    • September 19, 1984
    ...treatment as to the use which could be made of the evidence of the prior conviction, this issue is not waived. People v. Robert Barker, 411 Mich. 866, 306 N.W.2d 100 (1981). [135 MICHAPP 515] Defendant made various brief statements to the police. The first was given before defendant was inf......
  • People v. Springer, s. 66372
    • United States
    • Michigan Supreme Court
    • April 1, 1981
  • People v. Mulkey
    • United States
    • Court of Appeal of Michigan — District of US
    • December 10, 1986
    ...81 Mich.App. 698, 265 N.W.2d 794 (1978).5 People v. Barker, 97 Mich.App. 253, 293 N.W.2d 787 (1980), rev'd on other grounds 411 Mich. 866, 306 N.W.2d 100 (1981).6 People v. Soper, 57 Mich.App. 677, 226 N.W.2d 691 (1975), lv. den 394 Mich. 822 (1975).7 People v. Letts, 122 Mich.App. 135, 140......

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