People v. Lasley
| Decision Date | 09 June 1970 |
| Docket Number | No. 52786,52786 |
| Citation | 177 N.W.2d 621,383 Mich. 787 |
| Parties | The PEOPLE of the State of Michigan, Plaintiff, v. Larry LASLEY, Defendant and Appellant. |
| Court | Michigan Supreme Court |
On order of the Court, the application by defendant and appellant for leave to appeal is considered, and the same is hereby GRANTED. The decision of the Court of Appeals is reversed and the cause is remanded to the Genesee County Circuit Court for new trial in conformity with People v. Shirk (1970), 383 Mich. 180, 174 N.W.2d 772.
Further, the cause is remanded for a determination upon a separate record of the voluntariness of defendant's confession. At this hearing, defendant may take the stand and testify for the limited purpose of making of record his version of the facts and circumstances under which the alleged confession was obtained. By so doing, he does not waive his right to decline to take the stand on trial, in chief, nor does he waive any of his other rights stemming from his choice not to testify. If the circuit judge, on the basis of the separate hearing and record made, determines that the confession was involuntarily given, then said confession shall be inadmissible at the new trial.
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