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PEOPLE v. DOBBEN

Docket No. 91150, (Calendar No. 1).

440 Mich. 679 (1992)

488 N.W.2d 726

PEOPLE v. DOBBEN

Supreme Court of Michigan.

Decided September 15, 1992.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Tony Tague, Prosecuting Attorney, and Kevin A. Lynch, Senior Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by P.E. Bennett) for the defendant.

BOYLE, J.

We granted leave to appeal to decide whether the Court of Appeals correctly held that an independent expert's testimony was inadmissable because it violated § 1028(3) of the Mental Health Code, MCL 330.2028(3); MSA 14.800(1028)(3)1.

At issue is whether the statute limits testimony by an independent psychiatric examiner offered pursuant to § 20a(3) of the Code of Criminal...

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