People v. Jordan
Decision Date | 29 June 1982 |
Docket Number | Docket No. 61669 |
Citation | 413 Mich. 944,321 N.W.2d 13 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Glenn JORDAN, Defendant-Appellant, and Ricky Rimmer, Defendant-Appellee. |
Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal and the response of the prosecutor to this Court's order to show cause dated March 11, 1982 are considered. Pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and of the Recorder's Court for the City of Detroit and we REMAND the case to the Recorder's Court for the City of Detroit for a new trial. The trial court's instruction that it had determined as a matter of law that defendant's confession was voluntarily given was reversible error. The question of the voluntariness of a confession is solely a matter for determination by the trial judge, not the jury. People v. Walker, 374 Mich. 331, 132 N.W.2d 87 (1965). However, by informing the jury that he had found the confession to be voluntary, the trial judge deprived the defendant of his right to have the existence and credibility of the confession determined by the jury.
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