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PEOPLE v. BEAN

Docket No. 105414, Calendar No. 11.

580 N.W.2d 390 (1998)

457 Mich. 677

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Kimani BEAN, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 16, 1998.

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 of Research, Training and Appeals, and Valerie M. Steer, Assistant Prosecuting Attorney, Detroit, for People.

Elizabeth L. Jacobs, Detroit, for defendant-appellant.

Opinion

MALLETT, Chief Justice.

Following a jury trial, the defendant was convicted of first-degree murder, assault with intent to murder, and felony-firearm. The Court of Appeals affirmed. We reverse the judgments of the Court of Appeals and the trial court because the prosecution failed to exercise due diligence in its attempts to produce a key witness.

I

The case arises from events that occurred...

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