Legal Opinion

People v. Emmerich

Michigan Court of Appeals

Decided February 23, 1989No. Docket 96167PublishedCited by 8 opinions

1Opinion of the CourtMackenzie, J.

Defendant appeals by leave granted from an order denying his motion to dismiss a charge of gross indecency between males, MCL 750.338; MSA 28.570. We reverse and remand for dismissal of the charge.

At approximately 2:10 p.m. on May 1, 1986, undercover police officer Cletus Smith and defendant struck up a conversation at a roadside park. The conversation did not include anything of a sexual nature. When Smith told defendant he was going to leave, defendant asked Smith if he knew of a good place to go. Smith shrugged and may have moved his head. He then got into his car and drove out of the…

2Cases cited13 opinions

  1. Giaccio v. PennsylvaniaSupreme Court of the United States · 1965
  2. People v. HowellMichigan Supreme Court · 1976
  3. People v. DexterMichigan Court of Appeals · 1975
  4. People v. HicksMichigan Supreme Court · 1893
  5. Moorhouse v. Ambassador InsuranceMichigan Court of Appeals · 1985

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. LinoMichigan Supreme Court · 1994
  2. People v. LynchMichigan Court of Appeals · 1989
  3. People v. LinoMichigan Court of Appeals · 1991
  4. People v. GronewaldMichigan Supreme Court · 2000
  5. Williams v. Amerisure Ins. Co.Michigan Supreme Court · 2000

3 more not listed; retrieve them via the Exa API.

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