PEOPLE v. COUCH

Docket No. 85979, (Calendar No. 6).

436 Mich. 414 (1990)

461 N.W.2d 683

PEOPLE v. COUCH

Supreme Court of Michigan.

Decided September 26, 1990.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, and George E. Ward, Chief Assistant Prosecutor, for the people.

Kenneth R. Sasse and James A. Waske, for the defendant.


BOYLE, J.

We agree with Justice ARCHER'S conclusion that the decision of the United States Supreme Court in Tennessee v Garner, 471 U.S. 1; 105 S.Ct. 1694; 85 L Ed 2d 1 (1985), did not "automatically" modify this state's criminal law with respect to the use of deadly force to apprehend a fleeing felon. Post, p 441.

As Justice ARCHER explains, Garner's pronouncements regarding the constitutionality of the...

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