Opinion

People v. Prast

  • 114 Mich. App. 469
  • 319 N.W.2d 627
Court
Michigan Court of Appeals
Filed
Apr 5, 1982
Status
Published
Author
Corsiglia
On the bench
Danhof, Kelly, Corsiglia
Cited by
46 cases
Authority
More cited than 9.8%

addressing the voluntariness of a confession

How later courts described this case

  • addressing the voluntariness of a confession
  • "[a] trial judge does not err when he fails to ask specific questions requested by a defendant but does cover the area in another manner"

Written by the judges who cited it.

The opinion

G. R. Corsiglia, J.

(dissenting). I dissent from the majority opinion vacating our original decision in People v Prast, 105 Mich App 744 ; 307 NW2d 719 (1981). The reasons for my dissent are set forth in the original majority opinion, which is incorporated by reference herein.

In addition, I would emphasize that the venue issue presented by this case was a close and difficult question. As stated by Chief Judge Danhof in his original concurring opinion, "it is unfortunate that defendant should obtain a retrial when the evidence against him was overwhelming * * *”. *494 However, 57 percent of the jury panel was excused for cause in this case. Change of venue was the appropriate and relatively simple remedy to avoid a potentially biased and tainted jury. In view of the circumstances present at the time of trial, the trial judge abused his discretion by refusing the defendant’s request for a change of venue.

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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