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PEOPLE v. BUCKEY

Docket Nos. 73929, 74232. (Calendar Nos. 6, 7).

424 Mich. 1 (1985)

378 N.W.2d 432

PEOPLE v. BUCKEY PEOPLE v. McWHORTER

Supreme Court of Michigan.

Decided December 4, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, George B. Mullison, Prosecuting Attorney, and Thomas J. Rasdale and Martha G. Mettee, Assistant Prosecuting Attorneys, for the people in Buckey.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, James J. Gregart, Prosecuting Attorney, and Michael H. Dzialowski and Joseph S. Skocelas, Assistant Prosecuting Attorneys, for the people in McWhorter.

State Appellate Defender (by Richard B. Ginsberg) for defendant Buckey.

State Appellate Defender (by F. Martin Tieber) for defendant McWhorter.

RILEY J.

The issue common to both of these cases, and the one which we directed the parties to address, is whether error requiring reversal occurs when the prosecutor argues that the defendant's presence at trial is an opportunity for the defendant to fabricate testimony.

The Court of Appeals panels in both cases answered affirmatively, thus reversing defendants' convictions. We reverse the judgments of the Court of Appeals.

In Buckey,

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