People v. Semchena

The matter at hand deals with the production in postconviction proceedings of affidavits tending to raise a question concerning the jury trial of defendant. Such affidavits, whether they deal with allegedly prejudiced jurors (People v. McKee [1967], 7 Mich App 296), exculpatory statements (People v. Douglas [1966], 4 Mich App 208) or similar matters, raise crucial problems for individual consideration.

• The affidavit involved in the instant case goes a step beyond the run-of-the-mill postconviction proceeding affidavit. It both purports to exculpate defendant and is, in effect, a confession.

Th…