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PEOPLE v. BARRERA

Docket Nos. 98663, 98683, Calendar Nos. 2-3.

547 N.W.2d 280 (1996)

451 Mich. 261

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Mark BARRERA, Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Patrick Michael MUSALL, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 7, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Joseph A. Puleo, Assistant Prosecuting Attorney, Detroit, for the people.

Arthur J. Tarnow, Detroit, for defendant Barrera.

State Appellate Defender by Debra A. Gutierrez, Detroit, for defendant Musall.

MICHAEL F. CAVANAGH, Justice.

The issue presented in this consolidated appeal is whether the trial court erroneously excluded a statement by a codefendant that was offered by the instant defendants as exculpatory evidence. We hold that the trial court erred and that the error was not harmless. We reverse the Court of Appeals, vacate the convictions, and remand for new trials.

I

Codefendants Mark Barrera...

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