People v. Kamischke, No. 664
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | McGREGOR |
| Citation | 3 Mich.App. 236,142 N.W.2d 21 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Otto KAMISCHKE, Defendant-Appellant. Cal |
| Decision Date | 11 May 1966 |
| Docket Number | No. 3,No. 664 |
Page 21
v.
Otto KAMISCHKE, Defendant-Appellant.
[3 Mich.App. 238]
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Thomas P. Patterson, Bay City, for appellant.Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Martin B. Legatz, Pros. Atty. Bay County, Bay City, for appellee.
Before T. G. KAVANAGH, P.J., and BURNS and McGREGOR, JJ.
McGREGOR, Judge.
Defendant Kamischke was charged with 'uttering and publishing a forged instrument'. (C.L.1948 § 750.249 (Stat.Ann.1962 Rev. § 28.446)). Defendant was arrested at a bar with Edward Maliszewski who was charged with a separate offense of 'uttering and publishing a forged instrument'. Each of the men was charged with passing a different one of a group of the same type of checks, stolen from the same place and with the identical payees and forged signatures. The offense charged occurred at different times and places.
At defendant Kamischke's trial, the jury included six members of the jury which had heard the trial of Maliszewski on the previous day. This defendant was brought into the trial of Maliszewski both by name and reference. 1 The jury found Maliszewski guilty. The evidence in the Maliszewski trial implied a scheme involving Kamischke.
The trial judge and the prosecuting attorney knew that some of the jurors had heard the previous day's trial. The trial court, in his voir dire of the proposed jury, after a juror had stated, '* * * we sat yesterday * * *', replied in part, 'That was a completely different case yesterday. That has nothing to do with [3 Mich.App. 239] this matter'. The voir dire record does not indicate any answers by the proposed jurors touching upon their qualifications or impartiality to sit as such jurors, or any instructions to such jurors by the trial court of any discernible method of replying to the voir dire questions. GCR 511.4(3)(4)(5)(7)(8). On two further occasions, such jurors volunteered the information that they had served on the previous day's trial; defense counsel did not make any challenges to such jurors, although he questioned them as to prejudice or bias against Mr. Kamischke due to hearing his name mentioned the day before in a similar case. The jurors who replied disclosed no bias.
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From his conviction, this defendant appeals, alleging among other claimed errors that his federal and state constitutional rights to a trial by an impartial jury were violated.
Did the statements of these proposed jurors indicate their manifest concern with being unable to ignore the incriminating evidence of the previous day's trial and thereby be biased against the defendant, or have a positive opinion of the...
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People v. C.B. (In re C.B.), Docket No. 107750
...of justice that trial judge be "acutely responsive" to task of supervising and controlling trial); People v. Kamischke, 142 N.W.2d 21, 24 (Mich. App. 1966) (trial courts are obliged to guard and enforce personal rights secured by state and federal constitutions). ¶ 137 My colleagu......
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People v. Jonathon C.B. (In re Jonathon C.B.), No. 107750.
...administration of justice that trial judge be “acutely responsive” to task of supervising and controlling trial); People v. Kamischke, 3 Mich.App. 236, 142 N.W.2d 21, 24 (1966) (trial courts are obliged to guard and enforce personal rights secured by state and federal constitutions). ¶ 137 ......
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In re C.B. v. Jonathon C.B., Docket No. 107750.
...of justice that trial judge be "acutely responsive" to task of supervising and controlling trial); People v. Kamischke, 142 N.W.2d 21, 24 (Mich. App. 1966) (trial courts are obliged to guard and enforce personal rights secured by state and federal constitutions). My colleagues in ......
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People v. Pribble, Docket No. 25738--40
...defendant with the commission of the crime charged, and further, 'consists of twelve impartial men." People v. Kamischke, 3 Mich.App. 236, 240--241, 142 N.W.2d 21, 23 (1966), quoting from People v. DeHaven, 321 Mich. 327, 334, 32 N.W.2d 468 (1948). (Footnotes omitted.) (Emphasis An oat......
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People v. C.B. (In re C.B.), Docket No. 107750
...of justice that trial judge be "acutely responsive" to task of supervising and controlling trial); People v. Kamischke, 142 N.W.2d 21, 24 (Mich. App. 1966) (trial courts are obliged to guard and enforce personal rights secured by state and federal constitutions). ¶ 137 My colleagu......
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People v. Jonathon C.B. (In re Jonathon C.B.), No. 107750.
...administration of justice that trial judge be “acutely responsive” to task of supervising and controlling trial); People v. Kamischke, 3 Mich.App. 236, 142 N.W.2d 21, 24 (1966) (trial courts are obliged to guard and enforce personal rights secured by state and federal constitutions). ¶ 137 ......
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In re C.B. v. Jonathon C.B., Docket No. 107750.
...of justice that trial judge be "acutely responsive" to task of supervising and controlling trial); People v. Kamischke, 142 N.W.2d 21, 24 (Mich. App. 1966) (trial courts are obliged to guard and enforce personal rights secured by state and federal constitutions). My colleagues in ......
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People v. Pribble, Docket No. 25738--40
...defendant with the commission of the crime charged, and further, 'consists of twelve impartial men." People v. Kamischke, 3 Mich.App. 236, 240--241, 142 N.W.2d 21, 23 (1966), quoting from People v. DeHaven, 321 Mich. 327, 334, 32 N.W.2d 468 (1948). (Footnotes omitted.) (Emphasis An oat......