People v. Clary
| Decision Date | 06 June 2012 |
| Docket Number | COA No. 301906.,Docket No. 144696. |
| Citation | 491 Mich. 933,814 N.W.2d 292 |
| Parties | PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Rayfield CLARY, Defendant–Appellee. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Prior report: Mich.App., 2012 WL 516072.
On order of the Court, the application for leave to appeal the February 16, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the prosecutor's impeachment of the defendant's testimony on the basis of the defendant's failure to testify at his earlier trial violated the defendant's Fifth Amendment right against self-incrimination; and (2) whether the prior consistent statements by the complainant were admissible under MRE 801(d)(1)(B).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
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People v. Clary
...and (2) whether prior consistent statements by the complainant were admissible under MRE 801(d)(1)(B). People v. Clary, 491 Mich. 933, 814 N.W.2d 292 (2012). Because we believe that the prosecutor's impeachment of defendant's testimony with his failure to testify at his earlier trial was no......