PEOPLE v. ALLEN

Docket Nos. 70740, 71633, 72346, 72753, 73297, (Calendar Nos. 1-5).

429 Mich. 558 (1988)

420 N.W.2d 499

PEOPLE v. ALLEN PEOPLE v. BROOKS PEOPLE v. GRAY PEOPLE v. SMITH PEOPLE v. PEDRIN

Supreme Court of Michigan.

Decided January 19, 1988.

Amended February 16, 1988.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Criminal Division, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people in Allen and Gray, and Rosemary A. Gordon, Assistant Prosecuting Attorney, for the people in Smith; L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Richard H. Browne, Assistant Prosecuting Attorney, for the people in Brooks; James P. Hoy, Prosecuting Attorney, and Thomas C. Johnson, Assistant Attorney General, for the people in Pedrin.

Bell & Hudson, P.C. (by Glen R. Warn), for defendant Allen.

Faintuck, Shwedel & Wolfram (by William G. Wolfram) for defendant Brooks.

State Appellate Defender (by Derrick A. Carter) for defendant Gray; (by F. Michael Schuck) for defendant Smith; (by Rolf E. Berg) for defendant Pedrin.


Amended February 16, 1988., post, p 1216.

BRICKLEY, J.

These cases were consolidated in order to resolve differing interpretations of the application of MRE 609(a) to the practice of impeaching criminal defendants by prior conviction.

We find that MRE 609(a), as presently constituted, leads to an interpretation that encourages the use of "bad man" evidence without a commensurate gain in the evaluation of a witness' testimony. More specifically, the...

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