People v. Smith
Michigan Supreme Court
1Opinion of the CourtRiley, J.
The common question in these prosecutions for first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), is whether the trial courts erred so as to require reversal in allowing the examining physicians to testify that the complainants had been sexually assaulted. In Mays, we find the foundation sufficient; however, because the foundation for the testimony was inadequate in Smith, the testimony was improperly admitted. Therefore, we reverse the decisions of the Court of Appeals in both cases.
FACTS AND PROCEDURAL HISTORY
People v Smith
Defendant was convicted by a jury, along with his…
2Cases cited14 opinions
- People v. KirtdollMichigan Supreme Court · 1974
- State v. CastoreSupreme Court of Rhode Island · 1981
- People v. DickinsonMichigan Court of Appeals · 1966
- Don Moran v. PeopleMichigan Supreme Court · 1872
- People v. IzzoMichigan Court of Appeals · 1979
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3Cited by66 opinions
- State v. MoranArizona Supreme Court · 1986
- People v. MusserMichigan Supreme Court · 2013
- People v. BeckleyMichigan Supreme Court · 1990
- People v. LuethMichigan Court of Appeals · 2003
- People v. PetersonMichigan Supreme Court · 1995
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