# People v. Manning

> Michigan Court of Appeals · February 14, 2001 · 243 Mich. App. 615

URL: https://www.frixlaw.com/law-library/cases/9582012

## Case

- **Full name:** People v. Manning
- **Court:** Michigan Court of Appeals
- **Decided:** February 14, 2001
- **Citations:** 243 Mich. App. 615; 624 N.W.2d 746
- **Precedential status:** Published
- **Opinion:** Concurrence by Kelly
- **Judges:** O'Connell, Kelly, Whitbeck
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9582012

## How later opinions describe it (automated extraction)

- holding that a motion to suppress an involuntary confession “must be made in advance of trial”

## Opinion text

Kelly, J.
(concurring in result). I agree with the majority that the trial court erred in suppressing *646 defendant’s inculpatory statement solely on the basis of the delay and that the court should have, instead, considered the voluntariness of the statement on the basis of the totality of the circumstances under People v Cipriano, 431 Mich 315, 334 ; 429 NW2d 781 (1988). However, to the extent that the majority attempts to evaluate the voluntariness of the statement in light of the record presented to us, I disagree with that approach. The statement must first be properly evaluated by the trial court. That was not done in this case. Therefore, because the trial court has not yet done so, this Court should not be attempting to evaluate the voluntariness of the statement. We simply do not have all the necessary information to do so. However, because I believe that we must reverse and remand to the trial court to make appropriate findings under the factors established in Cipriano , I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9582012. Public record. Not legal advice.