Legal Opinion

People of Michigan v. Johnny Ray Kennedy

Michigan Supreme Court

Decided June 29, 2018No. 154445PublishedCited by 51 opinions

1Opinion of the CourtViviano, J.

**210 In this case, defendant claims that the trial court violated his constitutional right to present a defense when it denied his request to appoint a DNA expert. The Court of Appeals disagreed, holding that the trial court did not abuse its discretion when it determined that defendant failed to show that expert testimony would benefit his defense, as required by MCL 775.15 and People v. Tanner . We take this opportunity to clarify that MCL 775.15 does not apply in this context; instead, we hold-as we must-that Ake v. Oklahoma 2 is the controlling law. And, to assist trial courts in…

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Ake v. OklahomaSupreme Court of the United States · 1985
  3. Washington v. TexasSupreme Court of the United States · 1967
  4. Caldwell v. MississippiSupreme Court of the United States · 1985
  5. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009

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3Cited by51 opinions

  1. People v. ClarkMichigan Supreme Court · 2018
  2. Barnes 399256 v. StoddardDistrict Court, W.D. Michigan · 2023
  3. Bergman v. BrewerDistrict Court, E.D. Michigan · 2021
  4. Dantzler v. CampbellDistrict Court, E.D. Michigan · 2019
  5. Dantzler v. RewertsDistrict Court, E.D. Michigan · 2025

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