# People v. Goree

> Michigan Court of Appeals · March 20, 1984 · 132 Mich. App. 693

URL: https://www.frixlaw.com/law-library/cases/9686514

## Case

- **Full name:** People v. Goree
- **Court:** Michigan Court of Appeals
- **Decided:** March 20, 1984
- **Citations:** 132 Mich. App. 693; 349 N.W.2d 220
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kelly
- **Judges:** Maher, Kelly, Tahvonen
- **Cited by:** 31 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/9686514

## Opinion text

M. J. Kelly, J.
(concurring in part and dissenting in part). I respectfully dissent.
While I agree that there was substantial evidence showing that defendant was the perpetrator of the similar bad act and while I agree that the defendant’s identity was a material issue of fact at trial, I am not persuaded that the charged offense and the similar act share a "high degree of similarity” or are "marked with special characteristics so uncommon, peculiar and distinctive as to lead compellingly to the conclusion that [both] were the handiwork of the defendant”. People v Golochowicz, 413 Mich 298, 325 ; 319 NW2d 518 (1982). I find the similarities between the acts in this case no more compelling than the similarity between the *713 acts in Golochowicz and I would reverse on this issue.
I concur in the majority’s refusal to find abuse of discretion in the trial court’s admission of the blood-type evidence. While I continue to believe that blood-type evidence is generally inadmissible to show that a defendant is among 20% of the population sharing the victim’s blood-type and admissible where defendant is among only 2% or 3% of the population, People v Sturdivant, 91 Mich App 128 ; 283 NW2d 669 , lv den 407 Mich 933 (1979); People v White, 102 Mich App 156 ; 301 NW2d 837 (1980), I am also persuaded that 12% falls within that gray area best left to the discretion of the trial court. See, also, People v Hayden, 125 Mich App 650, 661 ; 337 NW2d 258 (1983).
I also concur in the majority’s resolution of defendant’s double jeopardy claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9686514. Public record. Not legal advice.