People v. Brown

This matter has been remanded to us by our Supreme Court for reconsideration in light of People v Bender, 452 Mich 594; 551 NW2d 71 (1996). 454 Mich 885 (1997). We reverse.

The underlying facts are set out in Judge Shepherd’s thorough dissenting opinion in People v Brown, 206 Mich App 535, 541; 522 NW2d 888 (1994). At issue was whether defendant’s statements to police were given voluntarily and without coercion where the police did not tell defendant that an attorney hired by defendant’s mother was present at the time of interrogation. It is now clearly the law in Michigan that a defendant is…