People v. Poteat, 59933

Decision Date19 October 1977
Docket NumberNo. 59933,59933
Citation282 N.W.2d 923,401 Mich. 827
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Ernest Dean POTEAT, Defendant-Appellee. 401 Mich. 827, 282 N.W.2d 923
CourtMichigan Supreme Court
ORDER

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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5 cases
  • Meyer v. Hubbell
    • United States
    • Court of Appeal of Michigan — District of US
    • 22 Septiembre 1982
    ...Id., 660, 213 N.W.2d 134; Biff's Grills, Inc. v. State Highway Comm., 75 Mich.App. 154, 160, 254 N.W.2d 824 (1977), lv. den. 401 Mich. 827 (1977). Plaintiff's first amended cause of action is intentional infliction of emotional distress. In Fry v. Ionia Sentinel-Standard, 101 Mich.App. 725,......
  • Chonich v. Ford
    • United States
    • Court of Appeal of Michigan — District of US
    • 21 Julio 1982
    ...were absolutely privileged. See, Biff's Grills, Inc. v. State Highway Comm., 75 Mich.App. 154, 160, 254 N.W.2d 824 (1977), lv. den. 401 Mich. 827 (1977). Affirmed. No costs, a public question being * Terence R. Thomas, 27th Judicial Circuit Judge, sitting on Court of Appeals by assignment p......
  • Formall, Inc. v. Community Nat. Bank of Pontiac
    • United States
    • Court of Appeal of Michigan — District of US
    • 7 Abril 1988
    ...314, 324, 336 N.W.2d 469 (1983); Biff's Grills, Inc. v. State Highway Comm., 75 Mich.App. 154, 160, 254 N.W.2d 824 (1977), lv. den. 401 Mich. 827 (1977). A trial court does not abuse its discretion by refusing to permit an amendment when the amendment would be futile. Burse, supra, 151 Mich......
  • Lim v. Michigan Dept. of Transp.
    • United States
    • Court of Appeal of Michigan — District of US
    • 31 Mayo 1988
    ...Mich. 398, 170 N.W.2d 18 (1969); Biff's Grills, Inc. v. State Highway Comm., 75 Mich.App. 154, 158, 254 N.W.2d 824 (1977), lv. den. 401 Mich. 827 (1977). The Michigan Constitution provides that private property shall not be taken for public use without just compensation. Const. 1963, art. 1......
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