People v. Cain, Docket No. 28-453
| Decision Date | 25 June 1980 |
| Docket Number | Docket No. 28-453 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David CAIN, Defendant-Appellant. 409 Mich. 858, 294 N.W.2d 692 |
| Court | Michigan Supreme Court |
ORDER
On order of the Court, the 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, 288 N.W.2d 465 (Mich.App.1980), judgment and REINSTATE the order of the Recorder's Court granting defendant's motion for new trial for the reasons stated in Judge M. J. Cavanagh's dissenting opinion.
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11 cases
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Rushing v. Wayne County
...a strict rule prohibiting communication with a deliberating jury outside of the courtroom and the presence of counsel. People v. Cain, 409 Mich. 858, 294 N.W.2d 692 (1980), rev'g 94 Mich.App. 644, 288 N.W.2d 465 (1980); People v. Kangas, 366 Mich. 201, 113 N.W.2d 865 (1962); People v. Washi......
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Hickey v. Zezulka
...communication with a deliberating jury outside of the courtroom and outside of the presence of counsel. See People v. Cain, 409 Mich. 858, 294 N.W.2d 692 (1980), rev'g 94 Mich.App. 644, 288 N.W.2d 465 (1980); Zaitzeff v. Raschke, 387 Mich. 577, 579, 198 N.W.2d 309 (1972); People v. Kangas, ......
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People v. France
...the strict rule prohibiting communication with a deliberating jury outside the courtroom and the presence of counsel, People v. Cain, 409 Mich. 858, 294 N.W.2d 692 (1980), and reversed the conviction of the defendant. 10 The Court based its decision solely on the doctrine of stare decisis. ......
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People v. Kent
...communication to the jury entitles defendant to a new trial without regard to defendant's ability to show prejudice. People v. Cain, 409 Mich. 858, 294 N.W.2d 692 (1980). This situation, however, we believe requires some analysis. Cain adopted the dissenting opinion in People v. Cain, 94 Mi......
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