People of Michigan v. Jill Ann Tucker

Clement, J. (dissenting).

I dissent from the Court's denial of leave to appeal. Because I do not believe defendant is entitled to relief under the best evidence rule, I would reverse the Court of Appeals and remand to that Court for consideration of the issues raised by defendant which that Court did not reach.

Defendant was charged with, inter alia , violating MCL 750.411s by "texting" certain nude photographs of a female coworker to several male coworkers of defendant and the victim, as well as with sending the pictures to defendant's boyfriend, a police officer. The photos were apparently…