PEOPLE v. WHITTAKER

Docket No. 115917.

635 N.W.2d 687 (2001)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James Elbert WHITTAKER, also known as James Edward Whittaker, Defendant-Appellee.

Supreme Court of Michigan.

November 21, 2001.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, Anica Letica, Assistant Prosecuting Attorney, Pontiac, for the people.

State Appellate Defender (by Susan J. Smith) Detroit, for the defendant-appellee.


PER CURIAM.

The defendant was found guilty by a jury of possession of cocaine with intent to deliver. However, the Court of Appeals reversed and remanded for a new trial. It found an abuse of discretion in the trial court's decision to admit evidence of defendant's prior delivery of cocaine and that the error more probably than not affected the jury's verdict. We conclude that even if the evidence was improperly admitted, the defendant did not meet his burden of demonstrating...

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