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PEOPLE v. KIRBY

Docket Nos. 91803, 91959, (Calendar Nos. 2-3).

440 Mich. 485 (1992)

487 N.W.2d 404

PEOPLE v. KIRBY PEOPLE v. McKINNEY

Supreme Court of Michigan.

Decided August 4, 1992.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, for the people.

Patricia S. Slomski, Jack Van Coevering, and John R. Minock for the defendants.

Amici Curiae:

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Richard Thompson, Prosecuting Attorney, and Michael J. Modelski, Chief, Appellate Division, for Oakland County. Prosecutor.

Elizabeth L. Jacobs for Criminal Defense Attorneys of Michigan.

RILEY, J.

In these cases we are asked to decide whether MCL 763.3; MSA 28.856 and MCR 6.401,1 requiring the consent of the prosecution and approval by the court before a defendant may waive a criminal jury trial, are constitutional. While conceding that these rules are constitutional under federal constitutional analysis, see Singer v United States, 380 U.S. 24...

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