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PEOPLE v. WILLIAMS

Docket Nos. 78-1441, 78-1808, 78-1972, 78-2168.

95 Mich. App. 1 (1980)

289 N.W.2d 863

PEOPLE v. WILLIAMS PEOPLE v. ANDERSON PEOPLE v. RESPRESS PEOPLE v. JOHNSON

Michigan Court of Appeals.

Decided January 22, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, Timothy Scallen, Assistant Prosecuting Attorney as to the appeals of Williams and Anderson, Anne B. Wetherholt, Assistant Prosecuting Attorney as to the appeal of Respress, and Brian Marzec, Assistant Prosecuting Attorney as to the appeal of Johnson.

Charles H. Brown, P.C., for defendant Williams.

Gerald M. Lorence, P.C., for defendant Anderson.

Cynthia R. Goldfarb, for defendant Respress.

Loren E. Monroe, for defendant Johnson.

Before: N.J. KAUFMAN, P.J., and D.C. RILEY and J.X. THEILER, JJ.

N.J. KAUFMAN, P.J.

We agree with and adopt the statement of facts presented in the dissenting opinion. However, we note that the dissenting opinion declines to discuss the constitutional implications in this case arising out of the defendants' failure to abide by the notice requirements of the restrictive evidence provision of the criminal sexual conduct statute, MCL 750.520j(2); MSA 28.788(10)(2). We find such a discussion to be called for. This opinion, then, reflects...

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