PEOPLE v. SUTTON

Docket No. 80844, (Calendar No. 10).

436 Mich. 575 (1990)

464 N.W.2d 276

PEOPLE v. SUTTON.

Supreme Court of Michigan.

Decided September 28, 1990.


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 Don W. Atkins, Principal Attorney, Appeals, for the people.

State Appellate Defender (by Susan J. Smith) for the defendant.


AFTER REMAND

BOYLE, J.

The defendant has no standing to claim error on appeal in the impermissible use of silence when his position at trial was that he had not remained silent, but in fact had given a postarrest, postcustody statement that the shooting was an accident.

Defense counsel waived any claim of such error. Not only did he fail to object to the prosecutor's cross-examination of the defendant...

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