record discloses error in Michigan

2018The record discloses that defense counsel, on cross-examination, 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -3- fully explored Horton’s psychological issues and her drug use, both at the time of the offense as well as before testifying, and then commented on this evidence during closing argument to argue that Horton was an unreliable witness because she was “out of her mind with drugs, alcohol, and one of her five personalities.” Although defendant complains that counsel failed to consult an expert with respect to the effect of drug usage on Horton’s memory, defendant has presente

2018The record discloses that defense counsel, on cross-examination, 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -3- fully explored Horton’s psychological issues and her drug use, both at the time of the offense as well as before testifying, and then commented on this evidence during closing argument to argue that Horton was an unreliable witness because she was “out of her mind with drugs, alcohol, and one of her five personalities.” Although defendant complains that counsel failed to consult an expert with respect to the effect of drug usage on Horton’s memory, defendant has presente

2016Carter, 462 Mich at 215 ; Carines, 460 Mich at 762 n 7.

2016Carter, 462 Mich at 215 ; Carines, 460 Mich at 762 n 7.

2015In Brady, 373 US at 87 , the Court held that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good 2 To the extent defendant claims error due to the prosecutor’s failure to produce two endorsed witnesses, the record discloses that defense counsel expressly agreed to waive the witnesses’ production at trial.

2015“A party cannot stipulate a matter and then argue on appeal that the resultant action was error.” Chapdelaine v Sochocki, 247 Mich App 167, 177 ; 635 NW2d 339 (2001). -5- faith or bad faith of the prosecution.” In order to establish a Brady violation, a defendant must prove that (1) the state possessed evidence of exculpatory or impeachment value to the defendant; (2) the prosecution suppressed the evidence; and (3) the evidence, viewed in its totality, was material, meaning that had the evidence been disclosed to the defense, a reasonable probability exists that the result of the proceedings

2015“A party cannot stipulate a matter and then argue on appeal that the resultant action was error.” Chapdelaine v Sochocki, 247 Mich App 167, 177 ; 635 NW2d 339 (2001). -5- faith or bad faith of the prosecution.” In order to establish a Brady violation, a defendant must prove that (1) the state possessed evidence of exculpatory or impeachment value to the defendant; (2) the prosecution suppressed the evidence; and (3) the evidence, viewed in its totality, was material, meaning that had the evidence been disclosed to the defense, a reasonable probability exists that the result of the proceedings

1976As to the conviction of defendant for the murder of Miss Washington, defendant claims error in the trial court’s refusal to instruct the jury on involuntary manslaughter and cites the case of People v Ora Jones, 395 Mich 379 ; 236 NW2d 461 (1975), in support of his position.

1976As to the conviction of defendant for the murder of Miss Washington, defendant claims error in the trial court’s refusal to instruct the jury on involuntary manslaughter and cites the case of People v Ora Jones, 395 Mich 379 ; 236 NW2d 461 (1975), in support of his position.

1974The record discloses no error in this regard; nor do we find that the record sustains plaintiff’s contention, under the doctrine as enunciated in Klein, supra, that retention of *345 full legal title by defendant would otherwise be inequitable.

1973In People v Nettles, 41 Mich App 215 (1972), the trial judge, the prosecutor, and defense counsel were all aware of the plea bargains struck by the witnesses.

1973The instant case is clearly distinguishable from People v Evans, supra. The record discloses that the defense did not move for a new trial, predicated upon the March 5, 1971 affidavit of Robert Ward.

1965Regarding the weight to be given to the testimony of children, the record discloses no instruction was requested in this sphere and the case relied upon by defendant in this realm, McGuire v. People (1880), 44 Mich 286 , is not in point.

1950Commissioner of Insurance, v. Lapeer Farmers’ Mutual Fire Insurance Association (Appeal of Turner), 325 Mich 655, 667 , we said: “Our review of this record discloses no claim of culpable negligence or misconduct, misfeasance or nonfeasance, on the part of receiver Forbes, or his deputy receiver, Richard W.

1936The rule on this subject is stated in Barden v. Briscoe, 36 Mich. 254 , and this record discloses no error in refusing further argument. *667 Since the oral arguments and submission of this case plaintiff, by motion, asks leave to add another assignment of error, evidently suggested by the argument.