Legal Opinion

People v. Porter

Michigan Court of Appeals

Decided August 25, 1980No. Docket Nos. 78-3088, 43377Published

1Opinion of the CourtM. F. Cavanagh, J.

Defendant’s guilty plea in this case fails to exhibit the understanding and voluntary nature required of guilty pleas as set forth in People v Jaworski, 387 Mich 21; 194 NW2d 868 (1972).

In the present case the issue is not whether the trial judge’s original statement informing the defendant of his right to confront witnesses was adequate, but whether the judge was required to make some further effort to explain that right after the defendant stated that he did not understand the original explanation. The failure of the trial judge to explain the confrontation right further mandates reversal.

In…

2Cases cited4 opinions

  1. People v. JaworskiMichigan Supreme Court · 1972
  2. People v. NicholsonMichigan Supreme Court · 1975
  3. People v. MathesonMichigan Court of Appeals · 1976
  4. People v. DukesMichigan Court of Appeals · 1973

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