Legal Opinion · Dissent

People v. Smith

Michigan Court of Appeals

Decided May 26, 1995No. Docket 149523Published

1DissentJ. M. Batzer, J.

Respectfully, I dissent from the majority’s reversal of defendant’s bench-tried conviction. I think it highly improper that a copy of the polygraph examination report was placed in the circuit court file by the prosecutor. I also think that the prosecutor improperly injected evidence of the polygraph examination in other ways and may well be subject to sanctions. Nonetheless, I would affirm. The trial court stated that it was uninfluenced by the polygraph examination. Trial courts can be expected to be aware of the rule of People v Becker, 300 Mich 562; 2 NW2d 503 (1942), People v Davis, 343…

2Cases cited12 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. Liteky v. United StatesSupreme Court of the United States · 1994
  4. People v. CobbsMichigan Supreme Court · 1993
  5. People v. DavisMichigan Supreme Court · 1955

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