Opinion

People v. Camon

  • 110 Mich. App. 474
  • 313 N.W.2d 322
Court
Michigan Court of Appeals
Filed
Oct 20, 1981
Status
Published
Author
Kelly
On the bench
Danhof, Kelly, Sullivan
Cited by
17 cases
Authority
More cited than 9.5%

The opinion

M. J. Kelly, J.

(concurring in part and dissenting in part). The majority has joined the growing number of Court of Appeals panels in disagreement with the opinion I authored in People v Sturdivant, 91 Mich App 128 ; 283 NW2d 669 (1979). Without finding it necessary to reiterate *489 my position I will respectfully note my dissent from the majority’s rejection of Sturdivant . See People v White, 102 Mich App 156 ; 301 NW2d 837 (1980), in which I qualified somewhat the Sturdi-vant rationale.

In this case the seminal fluid analysis places the defendant within a group comprising 36 percent of the population. I would hold that its probative value could not outweigh the prejudicial effect and that therefore the trial court erred in admitting this blood-type evidence.

However, as in Sturdivant , reversal is not required. In this case the victim testified to her several opportunities to observe the defendant at the time of the attack and positively identified him at trial. I therefore conclude that the error injected by the admission of the blood-type evidence was harmless beyond a reasonable doubt under the standards set forth in People v Christensen, 64 Mich App 23, 32 ; 235 NW2d 50 (1975).

I concur in affirmance.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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