PEOPLE of the State of Michigan, Plaintiff-Appellant,
v.
Michael Patrick IVERS, Defendant-Appellee.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued December 10, 1998.
Decided December 28, 1998.
Attorney(s) appearing for the Case
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Stuart J. Dunnings, III, Prosecuting Attorney, and Samuel R. Smith, Assistant Prosecuting Attorney, Lansing, MI, for the people.
State Appellate Defender (by Fred E. Bell), Lansing, MI for the defendant-appellee.
Elwood Brown, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, MI, amicus curiae for Prosecuting Attorneys Association of Michigan.
Supreme Court of Michigan.
MICHAEL F. CAVANAGH, J.
The defendant was convicted of third-degree criminal sexual conduct.1 However, the Court of Appeals reversed, finding that the trial court erred in prohibiting testimony about statements made by the complainant to a friend earlier in the day of the alleged rape. We agree with the Court of Appeals that the proposed testimony was not excludable under the rape-shield statute, M.C.L. § 750.520j; MSA 28.788(10)...
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