People v. Moncure

Citation409 Mich. 905,295 N.W.2d 494
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Paul MONCURE, Defendant-Appellant. CR 29-87. 409 Mich. 905, 295 N.W.2d 494
Decision Date04 September 1980
CourtSupreme Court of Michigan
ORDER

On order of the Court, the application in propria persona for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, we VACATE the Court of Appeals, 94 Mich.App. 252, 288 N.W.2d 675 judgment and REMAND the case to the Court of Appeals for reconsideration of the sufficiency of evidence question in light of People v. Hampton, 407 Mich. 354, 368, 285 N.W.2d 284 (1979).

We retain no further jurisdiction.

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4 cases
  • People v. Brown, Docket No. 55779
    • United States
    • Court of Appeal of Michigan — District of US
    • January 6, 1983
    ...the prosecution relies upon People v. Moncure, 94 Mich.App. 252, 288 N.W.2d 675 (1979), vacated and remanded on other grounds 409 Mich. 905, 295 N.W.2d 494 (1980), which it contends stands for the proposition that a statement may be admitted pursuant to MRE 801(d)(2)(A), although it has no ......
  • People v. Kramer
    • United States
    • Court of Appeal of Michigan — District of US
    • July 28, 1981
    ...was in accord with existing law. People v. Moncure, 94 Mich.App. 252, 256, 288 N.W.2d 675 (1979), vacated on other grounds 409 Mich. 905, 295 N.W.2d 494 (1980). See CJI 16:3:01. Third, this Court has held that proof that a defendant intended to commit either first- or second-degree murder e......
  • People v. Hoag
    • United States
    • Court of Appeal of Michigan — District of US
    • May 4, 1982
    ...be admissible under MRE 801(d)(2). People v. Moncure, 94 Mich.App. 252, 257-261, 288 N.W.2d 675 (1979), vacated on other grounds, 409 Mich. 905 (1980). II Defendant also alleges that the trial court erred when it took the issue of the materiality of defendant's perjured statement from the T......
  • People v. Pennington, Docket No. 50155
    • United States
    • Court of Appeal of Michigan — District of US
    • May 4, 1982
    ...if the prosecutor acted in good faith. People v. Moncure, 94 Mich.App. 252, 288 N.W.2d 675 (1979), vacated on other grounds, 409 Mich. 905, 295 N.W.2d 494 (1980). We find the prosecutor acted in good faith when referring to codefendant's testimony, since codefendant's thoughts were containe......

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