Legal Opinion

People v. Tracey

Michigan Court of Appeals

Decided April 9, 1997No. Docket 186458PublishedCited by 14 opinions

1Opinion of the CourtMarkman, J.

The prosecution appeals as of right pursuant to MCL 770.12; MSA 28.1109 an order granting defendant’s motion for dismissal with prejudice. We reverse and remand.

Defendant was charged with six counts of assault with intent to commit second-degree criminal sexual conduct. MCL 750.520g; MSA 28.788(7). In her opening statement, the prosecutor stated that defendant had told the complainant that his wife was withholding sex from him. The trial court allowed the complainant to testify about this statement in front of the jury over defense objections that the statement had not been disclosed before…

2Cases cited9 opinions

  1. Oregon v. KennedySupreme Court of the United States · 1982
  2. Wade v. HunterSupreme Court of the United States · 1949
  3. People v. CanterMichigan Court of Appeals · 1992
  4. People v. DawsonMichigan Supreme Court · 1988
  5. People v. ThompsonMichigan Supreme Court · 1985

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. AvantMichigan Court of Appeals · 1999
  2. State v. WrightWashington Supreme Court · 2009
  3. State v. WrightWashington Supreme Court · 2009
  4. People v. HoltzmanMichigan Court of Appeals · 1999
  5. People v. PhillipsMichigan Court of Appeals · 2001

9 more not listed; retrieve them via the Exa API.

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