Legal Opinion

People v. Lopez

Michigan Court of Appeals

Decided August 18, 2016No. Docket 327208PublishedCited by 7 opinions

1Per curiam

The Due Process Clause of the Fourteenth Amendment affords an accused a constitutional right to present witnesses in his own defense. Substantial government interference with a defense witness’s choice to testify violates this right.

Here, the interference involved a prosecution witness, Dennis Hoskins. Minutes after Hoskins agreed to testify at defendant Devaun Lopez’s trial, the prosecutor threatened Hoskins that deviation from his preliminary-examination testimony would result in prosecution for perjury and life imprisonment on conviction. Hoskins subsequently invoked his Fifth *707Amendment…

2Cases cited5 opinions

  1. Webb v. TexasSupreme Court of the United States · 1972
  2. People v. GarlandMichigan Court of Appeals · 2009
  3. People v. PenaMichigan Supreme Court · 1970
  4. People v. MeredithMichigan Supreme Court · 1998
  5. People v. McIntoshMichigan Court of Appeals · 1985

3Cited by7 opinions

  1. People of Michigan v. Dashawn Martise CarterMichigan Court of Appeals · 2017
  2. People of Michigan v. Donell Deshawn JacksonMichigan Court of Appeals · 2017
  3. People of Michigan v. Donell Deshawn JacksonMichigan Court of Appeals · 2017
  4. People of Michigan v. Jarriel Laroy ReedMichigan Court of Appeals · 2020
  5. People of Michigan v. Tyshawn YatesMichigan Court of Appeals · 2017

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