PEOPLE v. ROHRER

Docket No. 91806.

174 Mich. App. 732 (1989)

436 N.W.2d 743

PEOPLE v. ROHRER

Michigan Court of Appeals.

Decided February 21, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Donald E. Martin, Prosecuting Attorney, Robert B. Ebersole, Chief Appellate Attorney, and Susan L. LeDuc, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Fred E. Bell), for defendant on appeal.

Before: SHEPHERD, P.J., and GRIBBS and G.S. ALLEN, JJ.


G.S. ALLEN, J.

We are asked to decide whether discussions by the jury held prior to the close of proofs and in violation of instructions by the trial court not to hold such discussions constitute grounds for a new trial. The question raised is of first impression in Michigan. Defendant was convicted by jury of one count of criminal sexual conduct in the third degree, MCL 750.520d; MSA 28.788(4). Sentenced on September 18, 1985, to two to fifteen years in prison, he...

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