People v. Bean

Following a jury trial, the defendant was convicted of first-degree murder, assault with intent to murder, and possession of a firearm during the commission of a felony. The Court of Appeals affirmed. We reverse the judgments of the Court of Appeals and the trial court because the prosecution failed to exercise due diligence in its attempts to produce a key witness.

i

The case arises from events that occurred in the early morning hours of January 4, 1992. Donavan Car-gill was the passenger in a car driven by his cousin, Eric Martin. Shots were fired, and Mr. Martin was killed. Mr. Cargill…