People v. Moldowan
| Decision Date | 15 May 2002 |
| Docket Number | Docket No. 119812 | 26,Docket No. COA No. 232196. |
| Citation | 466 Mich. 862,643 N.W.2d 570 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jeffery Michael MOLDOWAN, Defendant-Appellant. |
| Court | Michigan Supreme Court |
On order of the Court, the delayed application for leave to appeal from the April 16, 2001 decision of the Court of Appeals, is considered and, pursuant to MCR 7.302(F)(2), in lieu of granting leave to appeal, we REVERSE the defendant's convictions and REMAND the case to the trial court for a new trial. In this case the prosecutor's two expert witnesses with respect to "bite-mark" evidence have either recanted testimony which concluded that bite marks on the victim were made by the defendant or presented opinion evidence which has now been discredited. As a result, we conclude that the defendant is entitled to relief from judgment pursuant to MCR 6.508(D)(3)(b)(i) and (iii). In support of our conclusion, we note that the prosecutor himself has stated:
Accordingly, as stated supra, we REVERSE defendant's convictions and remand to the trial court for a new trial.
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Moldowan v. City of Warren
...a key prosecution witness recanted her testimony, the Michigan Supreme Court reversed Moldowan's conviction in 2002. People v. Moldowan, 466 Mich. 862, 643 N.W.2d 570 (2002). On retrial, in February 2003, Moldowan was acquitted of all charges and released, having served nearly twelve years ......
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Moldowan v. City of Warren
...a key prosecution witness recanted her testimony, the Michigan Supreme Court reversed Moldowan's conviction in 2002. People v. Moldowan, 466 Mich. 862, 643 N.W.2d 570 (2002). On retrial, in February 2003, Moldowan was acquitted of all charges and released, having served nearly twelve years ......
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Moldowan v. City of Warren
...a key prosecution witness recanted her testimony, the Michigan Supreme Court reversed Moldowan's conviction in 2002. People v. Moldowan, 466 Mich. 862, 643 N.W.2d 570 (2002). On retrial, in February 2003, Moldowan was acquitted of all charges and released, having served nearly twelve years ......
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Cristini v. City of Warren
...either recanted their testimony regarding the bite mark evidence or had been discredited, a new trial was warranted. People v. Moldowan, 466 Mich. 862, 643 N.W.2d 570 (2002). After the Michigan Supreme Court reversed Moldowan's conviction, the Macomb County prosecutor retried Moldowan begin......
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Chapter 5 Prosecutors, Police, and Preservation of Evidence
...a key prosecution witness recanted her testimony, the Michigan Supreme Court reversed Moldowan's conviction in 2002. People v. Moldowan, 643 N.W.2d 570 (Mich. 2002). On retrial, in February 2003, Moldowan was acquitted of all charges and released, having served nearly twelve years in prison......
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THE BITE MARK DENTISTS AND THE COUNTERATTACK ON FORENSIC SCIENCE REFORM.
...supra note 94, at 127. (146) Defendant-Appellant's Affidavit Explaining Delayed Application for Leave to Appeal 25, People v. Moldowan, 643 N.W.2d 570 (Mich. 2002) (No. 119812) [hereinafter Royal (147) See Trial Transcript, Cristini & Moldowan 1991, supra note 94, at 127. (148) See Roya......