# People v. Stacy

> Michigan Court of Appeals · February 3, 1992 · 193 Mich. App. 19

URL: https://www.frixlaw.com/law-library/cases/9669469

## Case

- **Full name:** People v. Stacy
- **Court:** Michigan Court of Appeals
- **Decided:** February 3, 1992
- **Citations:** 193 Mich. App. 19; 484 N.W.2d 675
- **Precedential status:** Published
- **Opinion:** Concurring in part by Fitzgerald
- **Judges:** Shepherd, P.J., and Cavanagh and Fitzgerald
- **Cited by:** 33 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/9669469

## Opinion text

Fitzgerald, J.
(concurring in part and dissenting in part). I respectfully dissent from the majority’s conclusion that remand for an evidentiary hearing regarding intimidation of a prosecution witness is unnecessary in this case. It appears that the majority’s reluctance to remand is based in large part on trial counsel’s failure to request the court to address the issue of intimidation as well as the jury’s awareness of the threats made to the witness. I do not believe that such factors preclude a finding of manifest injustice.
Prosecution intimidation of witnesses has been condemned, People v Pena, 383 Mich 402 ; 175 NW2d 767 (1970), whether the witnesses are for the defense or the prosecution. People v Crabtree, 87 Mich App 722 ; 276 NW2d 478 (1979). I believe that a testimonial record must be developed to support defendant’s argument on the issue and that remand for an evidentiary hearing is required. Pena, supra; People v Hooper, 422 Mich 875 ; 366 NW2d 6 (1985).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9669469. Public record. Not legal advice.