People v. Hamacher, 78557
| Decision Date | 01 April 1987 |
| Docket Number | No. 78557,78557 |
| Citation | 402 N.W.2d 484,428 Mich. 884 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Richard Allen HAMACHER, Defendant-Appellant. 428 Mich. 884, 402 N.W.2d 484 |
| Court | Michigan Supreme Court |
Prior report: 150 Mich.App. 671, 389 N.W.2d 477.
On order of the Court, the motion in propria persona for rehearing is treated as a motion for reconsideration of this Court's order of October 22, 1986, and it GRANTED. We VACATE our order of October 22, 1986. On reconsideration, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals. M.C.L. Sec. 600.2162; M.S.A. Sec. 27A.2162 contains no exception to the privilege regarding communications between a husband and wife where the husband and wife are separated or are in the process of obtaining a divorce. The defendant and his wife remained husband and wife at the time the communication in question was allegedly made. Accordingly, the Court of Appeals erred in affirming the trial court's ruling based on this consideration. We REMAND the case to the Court of Appeals for reconsideration of the appeal in light of this order.
We do not retain jurisdiction.
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People v. Fisher
...The communication is barred if it was made during the marriage. We thus adhere to this Court's recent statement in People v. Hamacher, 428 Mich. 884, 402 N.W.2d 484 (1987), where this Court observed that the statute 'contains no exception to the privilege regarding communications between a ......
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State Farm Mut. Auto. Ins. Co. v. Elite Health Ctrs., Inc.
...432 Mich. 32, 37-38, 438 N.W.2d 36 (1989) ("the trial courts may not inquire into the viability of the marriage"); People v. Hamacher , 428 Mich. 884, 402 N.W.2d 484 (1987) (the statute "contains no exception to the privilege regarding communications between a husband and wife where the hus......
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Privilege
...therefore, privileged even after their divorce. People v. Fisher , 476 N.W.2d 762, 190 Mich. App. 598 (1991). In People v. Hamacher , 402 N.W.2d 484, 428 Mich. 844 (1987), the husband and wife were still legally married at the time a communication took place and therefore the Michigan Supre......
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Privilege
...therefore, privileged even after their divorce. People v. Fisher , 476 N.W.2d 762, 190 Mich. App. 598 (1991). In People v. Hamacher , 402 N.W.2d 484, 428 Mich. 844 (1987), the husband and wife were still legally married at the time a communication took place and therefore the Michigan Supre......
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Privilege
...therefore, privileged even after their divorce. People v. Fisher , 476 N.W.2d 762, 190 Mich. App. 598 (1991). In People v. Hamacher , 402 N.W.2d 484, 428 Mich. 844 (1987), the husband and wife were still legally married at the time a communication took place and therefore the Michigan Supre......
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Table of Cases
..., 37 Cal. 4th 1067, 129 P.3d 321, §1.400 People v. Gutierrez, 78 Cal.App.4th 170, 92 Cal.Rptr. 2d 626 (2000), §23.415 People v. Hamacher, 402 N.W.2d 484, 428 Mich. 844 (1987), §9.507.1 People v. Hamacher, 438 N.W.2d 43, 432 Mich. 157 (1989), §§9.507.1, 9.502 People v. Hamilton, 30 N.Y.S.2d ......