PEOPLE v. GEARNS

Docket Nos. 101206, 107834, Calendar Nos. 8-9.

577 N.W.2d 422 (1998)

457 Mich. 170

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jeffrey Alan GEARNS, Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Donnell Latron THOMAS, Defendant-Appellee.

Supreme Court of Michigan.

Decided May 5, 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, Research, Training and Appeals, and Thomas M. Chambers, Assistant Prosecuting Attorney, for People in Gearns.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and Catherine Langevin Semel, Assistant Prosecuting Attorney, for People in Thomas.

Mark J. Kriger, Detroit, for defendant Gearns.

State Appellate Defender by Gail Rodwan, Detroit, for defendant Thomas.


Opinion

BRICKLEY, Justice.

I

In these cases, we are called upon to determine three issues. First, whether any constitutional error occurred when the people called a witness to the stand knowing that the witness would assert the privilege against self-incrimination in front of the jury. Second, if this was not constitutional error, was it evidentiary error? Finally, if this was evidentiary error...

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