People v. Jordan

Decision Date29 June 1982
Docket NumberDocket No. 61669
Citation413 Mich. 944,321 N.W.2d 13
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Glenn JORDAN, Defendant-Appellant, and Ricky Rimmer, Defendant-Appellee.
CourtMichigan Supreme Court
ORDER

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.

To continue reading

Request your trial
3 cases
  • Cliffs Forest Products Co. v. Al Disdero Lumber Co.
    • United States
    • Court of Appeal of Michigan — District of US
    • 30 Octubre 1985
    ...of Michigan, whichever statute of limitations bars the claim. Smith v. Elliard, 110 Mich.App. 25, 30; 312 N.W.2d 161 (1981), lv. den. 413 Mich. 944 (1982). Even if we assumed the cause of action accrued outside of Michigan, because Rosboro brought the claim here, M.C.L. Sec. 600.5861; M.S.A......
  • Travelers Ins. Co. v. S & H Tire Co.
    • United States
    • Court of Appeal of Michigan — District of US
    • 12 Julio 1984
    ...recognized rules of construction. In Smith v. Elliard, 110 Mich.App. 25, 29- [134 MICHAPP 225] 30, 312 N.W.2d 161 (1981), lv. den. 413 Mich. 944 (1982), this Court said: "The cardinal rule of statutory interpretation is to ascertain and give effect to the intention of the Legislature. To as......
  • Lowry v. Sinai Hosp. of Detroit
    • United States
    • Court of Appeal of Michigan — District of US
    • 20 Enero 1984
    ...v. Lansing Twp., 356 Mich. 641, 648, 97 N.W.2d 804 (1959); Smith v. Elliard, 110 Mich.App. 25, 29, 312 N.W.2d 161 (1981), lv. den. 413 Mich. 944 (1982). To ascertain intent, the Court will review the specific language of the provision, giving all terms their plain and ordinary meaning absen......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT