People v. Frazier

COOPER, EJ.

The prosecution appeals, by leave granted, the July 28, 2004, order of the trial court granting defendant’s pretrial motions to exclude certain evidence during his new trial. Specifically, the court prohibited the prosecution from using for impeachment purposes statements made by defendant should defendant waive his Fifth Amendment privilege and take the stand in his own defense. The United States District Court for the Eastern District of Michigan previously found that these statements were elicited in violation of defendant’s Sixth Amendment right to counsel.1 The trial court…