People v. Boyd

I would not extend the ruling in Luce v United States1 and People v Finley1 2 to this case. I find that the trial court’s error here was plain enough to require reversal, despite defendant’s decision not to testify. Therefore, I would reverse the Court of Appeals decision and remand this case for a new trial.

THE MAJORITY MISCHARACTERIZES FINLEY

Finley does not stand for anything more than a specific application of Luce. It holds that, to preserve a claim of error concerning improper impeachment by prior convictions under MRE 609, a defendant must testify. Although Justices BOYLE and GRIFFIN…