HOWE v. DETROIT FREE PRESS

Docket Nos. 90042, 90043, (Calendar No. 1).

440 Mich. 203 (1992)

487 N.W.2d 374

HOWE v. DETROIT FREE PRESS, INC

Supreme Court of Michigan.

Decided July 14, 1992.


Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw) for the plaintiffs.

Honigman, Miller, Schwartz & Cohn (by Herschel P. Fink and Michael A. Gruskin) for the defendants.


GRIFFIN, J.

In this interlocutory appeal arising out of a civil suit for defamation, we must decide whether a probation report concerning one of the plaintiffs, prepared in connection with an unrelated criminal matter, is absolutely privileged under MCL 791.229; MSA 28.2299, and therefore immune from discovery. Although the statute provides a privilege, we conclude that, under the circumstances presented here, the privilege was waived with respect to portions of the...

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