People v. Sloan

I respectfully dissent from the majority’s decision to bar introduction of highly probative evidence of the defendant’s intoxication1 at *185trial on charges of manslaughter with a motor vehicle, MCL 750.321; MSA 28.553, operating a motor vehicle while under the influence of intoxicating liquor causing death, MCL 257.625(4); MSA 9.2325(4), and felonious driving, MCL 752.191; MSA 28.661. The majority’s holding is flawed because it results from a misapprehension of the proper focus of a probable cause determination in evaluating the validity of a search warrant. Further, by applying case law that…