Legal Opinion · Dissent

People v. Dean

Michigan Court of Appeals

Decided March 2, 1977No. Docket 25870Published

1DissentD. E. Holbrook, P. J.

This writer concurs with the majority that it was error for the trial judge to submit the entrapment issue to the jury and also agrees that the best remedy for correction of this error is remand to the trial court for an evidentiary hearing to give defendant a chance to prove entrapment. (Part II of majority opinion.) People v Keefe, 69 Mich App 431; 245 NW2d 78 (1976). However, this writer respectfully cannot agree with the majority opinion as to Part I and can see no reason to remand for an evidentiary hearing to give defendant another opportunity to present *30evidence that the drug he sold…

2Cases cited4 opinions

  1. People v. DempsterMichigan Supreme Court · 1976
  2. People v. RiosMichigan Supreme Court · 1971
  3. People v. HendersonMichigan Supreme Court · 1974
  4. People v. KeefeMichigan Court of Appeals · 1976

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