People v. Tyrer
| Decision Date | 27 August 1971 |
| Docket Number | A,No. 7,7 |
| Citation | 189 N.W.2d 226,385 Mich. 484 |
| Parties | PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Valerie TYRER, Defendant and Appellant. pril Term. |
| Court | Michigan Supreme Court |
Thomas G. Plunkett, Pros. Atty., Oakland County, by Dennis Donohue, Chief Appellate Counsel, Pontiac, for plaintiff and appellee.
Douglas Chartrand, Pontiac, for defendant and appellant.
Before the Entire Bench.
The conversion of the Supreme Court from the only appellate court in Michigan to the Court of last resort in a bi-level appellate system was mandated by the Constitution of 1963.
The principal function of the Court of Appeals is to hear all appeals of right from the trial courts of general jurisdiction.
The appellate, as opposed to the superintending role of the Supreme Court is best seen in the provisions of GCR 853.1.
'Rule 853 Appeals from Decisions of Court of Appeals.
'(1) The subject matter of the appeal involves legal principles of major significance to the jurisprudence of the State.
'(2) The decision of the Court of Appeals is clearly erroneous and will cause material injustice.
'(3) The decision is in conflict with decisions of the Supreme Court or other Court of Appeals decisions.
'(4) In any appeal of an interlocutory order of the Court of Appeals, it must be shown that appellant would suffer substantial harm by awaiting final judgment before taking appeal.'
If a bi-level appellate system is to work, it is necessary for the Supreme Court to resist the temptation, always present among men trained in the law, to become involved in the fascinating work of the trial and intermediate appellate courts.
This is such a case. A murder trial is to the lawyer what opening night is to the thespian or brain surgery is to the medical profession.
Defendant Valerie Tyrer was charged with second degree murder, tried to a jury and convicted of manslaughter.
At the close of the proofs, defendant's counsel made a motion to quash the charge of second degree murder, on the ground that the prosecution had failed to introduce sufficient evidence from which the jury could find the essential ingredient of malice.
The learned trial judge did not dismiss the motion lightly. His statement from the bench discloses a serious and scholarly weighing of the arguments.
'THE COURT: Well, the Court has carefully considered not only the arguments which have been presented here today, but the arguments which were presented yesterday.
'I took this matter more or less under advisement, although I officially denied the motion, I did it for the purpose of allowing myself time to review the cases which have been presented.
'There is no question, if there is not sufficient evidence to allow the case to go to the jury on second degree murder, and in the event there were a conviction on manslaughter, it's my opinion that there would then be reversible error and this matter would have to come back for re-trial, if there were an appeal.
'The Court, this Court, is of the opinion that due to the fact that there is testimony that the defendant had stated that she was tired of being pushed or chased around; there is testimony that she picked up the knife; and considering the size and character of the knife; further, considering the testimony of Dr. Naz, concerning the downward and inward angle of the wound; further, considering the testimony of Mrs. Burnia, that the defendant told her that she had picked up the knife and thrust it forward as if to push the defendant away; considering all the prior history of trouble between the parties, that is the defendant and the deceased, this Court is of the opinion that, although it's a close question, although it is a serious question, there is sufficient testimony to allow this to go to the jury.
'Therefore, for that reason, the motion is denied.'
After sentence, an appeal was taken to the Court of Appeals. That Court's opinion appears in 19 Mich.App. 48, 172 N.W.2d 53. After treating an issue concerning mention of an offered polygraph test, the appellate panel, speaking through Chief Judge Lesinski, said this on the malice issue:
'Defendant also contends the trial court erred in denying her motion to quash the charge of second degree murder (C.L.1948, § 750.317 (Stat.Ann.1954 Rev. § 28.549)), because the evidence did not prove the element of malice. Further, she contends that there was insufficient evidence to support the charge of manslaughter. We disagree with both of these contentions. Upon a review of the record we conclude that sufficient evidence was presented from which a...
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People v. Wallach
...to defendant, is not grounds for reversal. Inter alia: People v. Tyrer, 19 Mich.App. 48, 51, 172 N.W.2d 53 (1969), dismissed 385 Mich. 484, 189 N.W.2d 226 (1971); People v. Wright, 58 Mich.App. 735, 749-750, 228 N.W.2d 807 (1975); People v. Scotts, 80 Mich.App. 1, 11-13, 263 N.W.2d 272 In t......
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People v. Kosters
...inadvertent reference to a polygraph is harmless. People v. Tyrer, 19 Mich.App. 48, 51, 172 N.W.2d 53 (1969), app. dis., 385 Mich. 484, 189 N.W.2d 226 (1971). The mere mention of a polygraph by a witness is not grounds for mistrial. People v. Paffhousen, 20 Mich.App. 346, 351, 174 N.W.2d 69......
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People v. Levelston
...can be no doubt at present that in this jurisdiction the results of lie detector tests are inadmissible'. See, also, People v. Tyrer, 385 Mich. 484, 189 N.W.2d 226 (1971). Recent 1972 cases from other jurisdictions indicate that such evidence is not admissible in any jurisdiction. Such evid......
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People v. Rocha, Docket No. 47419
...argument nor request a cautionary instruction. People v. Tyrer, 19 Mich.App. 48, 50-51, 172 N.W.2d 53 (1969), app. dis. 385 Mich. 484, 189 N.W.2d 226 (1971); People v. Paul F. Baker, 7 Mich.App. 471, 476, 152 N.W.2d 43 (1967), lv. den. 380 Mich. 766 (1968). Therefore, I am persuaded that, i......