PEOPLE v. BUDZYN

Docket Nos. 102654, 102655, Calendar Nos. 1-2.

566 N.W.2d 229 (1997)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Walter BUDZYN, Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Larry NEVERS, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 31, 1997.


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 Olga Agnello, Assistant Prosecuting Attorney, Detroit, for the People.

Carole M. Stanyar, Detroit, for Defendant-Appellant Budzyn.

Neil H. Fink, Birmingham, for Defendant-Appellant Nevers.

William J. Johnson, pro hac vice, Washington, DC and Frank A. Guido, General Counsel for Police Officers Association of Michigan, Livonia, amicus curiae, for National Association of Police Organizations, Inc.


Opinion

RILEY, Justice.

In this appeal, we are asked to review the fairness of the trial for two police officers who were convicted of second-degree murder for killing a suspected drug user while attempting to arrest him while the suspect was holding contraband. We conclude that defendants have demonstrated that their juries were exposed to extrinsic influences that created a real and substantial possibility...

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