People of Michigan v. Lorinda Irene Swain

Michigan Court of Appeals

People of Michigan v. Lorinda Irene Swain

DecidedDecember 11, 2014

Docket314564

StatusUnpublished

This text of People of Michigan v. Lorinda Irene Swain (People of Michigan v. Lorinda Irene Swain) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People of Michigan v. Lorinda Irene Swain, (Mich. Ct. App. 2014).

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Opinion

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 11, 2014 Plaintiff-Appellant,

v No. 314564 Calhoun Circuit Court LORINDA IRENE SWAIN, LC No. 2001-004547-FC

Defendant-Appellee.

Before: STEPHENS, P.J., and HOEKSTRA and METER, JJ.

STEPHENS, J. (concurring)

I concur in the majority’s result and analysis as to the issues of newly discovered evidence and a Brady violation. I concur in the result only as to the actual innocence claim because while I agree there is no authority for an independent actual innocence standard in Michigan, I believe the proofs in this case are such that under a Swain, 288 Mich App at 638, standard, this case is one in which it is more likely than not that no reasonable juror would have found the defendant guilty. This case is already one with recantations and inconsistencies which, with the testimony of Book, would be one where a guilty verdict would more likely than not be rendered by a reasonable jury.

/s/ Cynthia Diane Stephens

-1-

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STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 11, 2014 Plaintiff-Appellant,

v No. 314564 Calhoun Circuit Court LORINDA IRENE SWAIN, LC No. 2001-004547-FC

Defendant-Appellee.

Before: STEPHENS, P.J., and HOEKSTRA and METER, JJ.

STEPHENS, J. (concurring)

I concur in the majority’s result and analysis as to the issues of newly discovered evidence and a Brady violation. I concur in the result only as to the actual innocence claim because while I agree there is no authority for an independent actual innocence standard in Michigan, I believe the proofs in this case are such that under a Swain, 288 Mich App at 638, standard, this case is one in which it is more likely than not that no reasonable juror would have found the defendant guilty. This case is already one with recantations and inconsistencies which, with the testimony of Book, would be one where a guilty verdict would more likely than not be rendered by a reasonable jury.

/s/ Cynthia Diane Stephens

-1-

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People of Michigan v. Lorinda Irene Swain, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-lorinda-irene-swain-michctapp-2014.