People v. Dolsen, 67115
| Decision Date | 26 August 1981 |
| Docket Number | No. 67115,67115 |
| Citation | 309 N.W.2d 186,411 Mich. 1045 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Maynard E. DOLSEN, Defendant-Appellant. 411 Mich. 1045, 309 N.W.2d 186 |
| Court | Michigan Supreme Court |
ORDER
On order of the Court, the defendant's delayed application for leave to appeal and motion for peremptory reversal are considered and, in lieu of granting leave to appeal, pursuant to GCR 1963, 853.2(4), we REVERSE the judgments of the Court of Appeals 102 Mich.App. 378, 301 N.W.2d 865 and the Wayne Circuit Court and REMAND the case to the Wayne Circuit Court for a new trial. Erroneous instructions on presumed intent may have prevented jury consideration of lesser included offenses and therefore were not harmless beyond a reasonable doubt. People v. Wright, 408 Mich. 1, 289 N.W.2d 1 (1980).
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3 cases
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Impullitti v. Impullitti
...118 Mich.App. 16, 23, 324 N.W.2d 519 (1982). See also Nichols v. Nichols, 106 Mich.App. 584, 588, 308 N.W.2d 291 (1981), lv. den. 411 Mich. 1045 (1981). The report describing the parties' past conduct was relevant to the court's understanding of the parent-child relationship, and did not pr......
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Stringer v. Vincent, Docket No. 95224
...consider the report to better understand the issues involved. Nichols v. Nichols, 106 Mich.App. 584, 308 N.W.2d 291 (1981), lv. den. 411 Mich. 1045 (1981). Thus, the trial court erred by deciding custody on the basis of the report, absent agreement by the parties for the court to consider t......
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Constantini v. Constantini, Docket No. 102763
...may be used as evidence if the parties agree to such use. Nichols v. Nichols, 106 Mich.App. 584, 308 N.W.2d 291 (1981), lv. den. 411 Mich. 1045 (1981). In the instant case, the parties agreed that the referee's report was admissible as evidence. The circuit court found that the report was s......