Opinion

People v. Hawkins

  • 114 Mich. App. 714
  • 319 N.W.2d 644
Court
Michigan Court of Appeals
Filed
Apr 6, 1982
Status
Published
Author
Deegan
On the bench
Gillis, Beasley, Deegan
Cited by
12 cases
Authority
More cited than 9.8%

The opinion

P. E. Deegan, J.

(concurring). I respectfully concur in the result reached by the majority.

However, I do not agree that the trial court erred in allowing the prosecutor to question his witness about an inconsistency between his testimony at the preliminary examination and the trial.

Under the factual situation presented in this case, I find that the prosecutor neither impeached nor rehabilitated the witness Turner with his inconsistent statement. The prosecutor merely used a defensive strategy to bring out Turner’s inconsistent statement in order to allow him to explain the inconsistency. This trial tactic is permissible because counsel plainly is not impeaching his own witness as precluded by MRE 607 but is acting defensively in a manner which no rule of law prevents.

Moreover, in a related area, it is a frequent occurrence that defense counsel will bring out defendant’s prior criminal record as a matter of strategy in order to lessen the impact of an expected attack on his credibility. This strategy has not been found to be improper even though the opposing party’s attack has not preceded the rehabilitating explanation. Compare People v Lytal, 96 Mich App 140, 155-158 ; 292 NW2d 498 (1980), where this Court allowed the prosecutor to anticipate a cross-examination by defense counsel of alleged accomplice witnesses for the prosecution on the matter of a prior deal with the prosecutor in exchange for their testimony.

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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