People v. Whitaker

Michigan Supreme Court

People v. Whitaker

759 N.W.2d 214, 483 Mich. 879

CourtMichigan Supreme Court

DecidedJanuary 23, 2009

Docket137554

StatusPublished

This text of 759 N.W.2d 214 (People v. Whitaker) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Whitaker, 759 N.W.2d 214, 483 Mich. 879 (Mich. 2009).

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Opinion

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals and remand this case to the Wayne Circuit Court for a hearing at which Stephanie McClung may be examined and cross-examined to determine whether her testimony supports the defendant’s alibi defense. The Wayne Circuit Court shall order a new trial unless it finds that McClung’s absence from the first trial was harmless beyond a reasonable doubt. People v Anderson, 446 Mich 392, 405-406 (1994). The prosecuting attorney shall provide to the defendant, or defense counsel, upon request, reasonable assistance, including investigative assistance, as may be necessary to locate, serve process upon, and compel the attendance of Stephanie McClung at the hearing. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court. Court of Appeals No. 278828.

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Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals and remand this case to the Wayne Circuit Court for a hearing at which Stephanie McClung may be examined and cross-examined to determine whether her testimony supports the defendant’s alibi defense. The Wayne Circuit Court shall order a new trial unless it finds that McClung’s absence from the first trial was harmless beyond a reasonable doubt. People v Anderson, 446 Mich 392, 405-406 (1994). The prosecuting attorney shall provide to the defendant, or defense counsel, upon request, reasonable assistance, including investigative assistance, as may be necessary to locate, serve process upon, and compel the attendance of Stephanie McClung at the hearing. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court. Court of Appeals No. 278828.

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Bluebook (online)

759 N.W.2d 214, 483 Mich. 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whitaker-mich-2009.

Opinion

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