People v. Kamischke, No. 664

CourtCourt of Appeal of Michigan (US)
Writing for the CourtMcGREGOR
Citation3 Mich.App. 236,142 N.W.2d 21
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Otto KAMISCHKE, Defendant-Appellant. Cal
Decision Date11 May 1966
Docket NumberNo. 3,No. 664

Page 21

142 N.W.2d 21
3 Mich.App. 236
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Otto KAMISCHKE, Defendant-Appellant.
Cal. No. 664.
Court of Appeals of Michigan, Division No. 3.
May 11, 1966.

[3 Mich.App. 238]

Page 22

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.

Page 23

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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9 practice notes
  • People v. C.B. (In re C.B.), Docket No. 107750
    • United States
    • Supreme Court of Illinois
    • June 30, 2011
    ...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......
  • People v. Jonathon C.B. (In re Jonathon C.B.), No. 107750.
    • United States
    • Illinois Supreme Court
    • November 28, 2011
    ...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 ......
  • In re C.B. v. Jonathon C.B., Docket No. 107750.
    • United States
    • Supreme Court of Illinois
    • June 30, 2011
    ...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 ......
  • People v. Pribble, Docket No. 25738--40
    • United States
    • Court of Appeal of Michigan (US)
    • November 9, 1976
    ...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......
  • Request a trial to view additional results
9 cases
  • People v. C.B. (In re C.B.), Docket No. 107750
    • United States
    • Supreme Court of Illinois
    • June 30, 2011
    ...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......
  • People v. Jonathon C.B. (In re Jonathon C.B.), No. 107750.
    • United States
    • Illinois Supreme Court
    • November 28, 2011
    ...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 ......
  • In re C.B. v. Jonathon C.B., Docket No. 107750.
    • United States
    • Supreme Court of Illinois
    • June 30, 2011
    ...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 ......
  • People v. Pribble, Docket No. 25738--40
    • United States
    • Court of Appeal of Michigan (US)
    • November 9, 1976
    ...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......
  • Request a trial to view additional results

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