People v. Poteat, 59933
| Decision Date | 19 October 1977 |
| Docket Number | No. 59933,59933 |
| Citation | 282 N.W.2d 923,401 Mich. 827 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Ernest Dean POTEAT, Defendant-Appellee. 401 Mich. 827, 282 N.W.2d 923 |
| Court | Michigan Supreme Court |
On order of the Court, the delayed application for leave to appeal is considered, and pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court of Appeals' decision is VACATED. Although most of the evidence concerning the complaining witness's religious observations and aspirations resulted from defense counsel's questioning on cross-examination, the trial judge should not have considered, in his findings, the relationship between the witness's "religious background and necessity of truth saying". (T 94.) People v. Hall, 391 Mich. 175, 215 N.W.2d 166 (1974). Therefore, the judgment of conviction is vacated and the case is REMANDED for reconsideration and reevaluation by Judge Robert Webster of the original trial record. Upon such reconsideration, Judge Webster shall render an opinion, including new findings of fact and conclusions of law, and shall enter final judgment in conformity therewith. Note, People v. Taskila, 391 Mich. 815 (1974).
This Court does not retain jurisdiction.
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