People v. McLaughlin

Michigan Court of Appeals

People v. McLaughlin

181 N.W.2d 35, 25 Mich. App. 211, 1970 Mich. App. LEXIS 1552

CourtMichigan Court of Appeals

DecidedJuly 1, 1970

DocketDocket 8,114

StatusPublished

Cited by2 cases

This text of 181 N.W.2d 35 (People v. McLaughlin) 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.

Bluebook

People v. McLaughlin, 181 N.W.2d 35, 25 Mich. App. 211, 1970 Mich. App. LEXIS 1552 (Mich. Ct. App. 1970).

Pincite

Opinion

*212 Per Curiam.

Defendant was tried in the Wayne County Circuit Court by Judge Thomas J. Foley sitting without a jury. Defendant was convicted of robbery unarmed, ** and subsequently sentenced to a term of 10 to 15 years imprisonment. A timely claim of appeal filed on behalf of defendant by his court appointed appellate counsel raises a single question for review. It is contended that defendant’s constitutional right to counsel was violated when identification testimony grounded on a previous lineup was introduced without showing that defendant had been advised of his right to counsel at that lineup. The people have filed a motion to affirm the conviction pursuant to GrCB- 1963, 817.5(3).

The record fails to disclose any objection to the identification procedure relative to defendant’s right to counsel. Where the objection to defendant’s not having counsel present at the lineup is made for the first time on appeal, it is made too late. People v. Montgomery (1970), 22 Mich App 87; People v. McClendon (1970), 21 Mich App 142.

The motion to affirm is granted.

**

MCL/A § 750.530 (Stat Ann 1954 Bev § 28.798).

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*212 Per Curiam.

Defendant was tried in the Wayne County Circuit Court by Judge Thomas J. Foley sitting without a jury. Defendant was convicted of robbery unarmed, ** and subsequently sentenced to a term of 10 to 15 years imprisonment. A timely claim of appeal filed on behalf of defendant by his court appointed appellate counsel raises a single question for review. It is contended that defendant’s constitutional right to counsel was violated when identification testimony grounded on a previous lineup was introduced without showing that defendant had been advised of his right to counsel at that lineup. The people have filed a motion to affirm the conviction pursuant to GrCB- 1963, 817.5(3).

The record fails to disclose any objection to the identification procedure relative to defendant’s right to counsel. Where the objection to defendant’s not having counsel present at the lineup is made for the first time on appeal, it is made too late. People v. Montgomery (1970), 22 Mich App 87; People v. McClendon (1970), 21 Mich App 142.

The motion to affirm is granted.

**

MCL/A § 750.530 (Stat Ann 1954 Bev § 28.798).

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Bluebook (online)

181 N.W.2d 35, 25 Mich. App. 211, 1970 Mich. App. LEXIS 1552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mclaughlin-michctapp-1970.

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