PEOPLE v. McRAE

Docket No. 121300, Calendar No. 13.

678 N.W.2d 425 (2004)

469 Mich. 704

People of the State of Michigan, Plaintiff-Appellee, v. John Rodney McRAE, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 22, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Mark E. Blumer, Assistant Attorney General, Lansing, MI, for the people.

State Appellate Defender (by Gary L. Rogers), Detroit, MI, for the defendant.

Charles D. Sherman, President, Michael E. Duggan, Prosecuting Attorney, and Jeffrey Caminsky, Principal Attorney, Detroit, MI, for the Prosecuting Attorneys Association of Michigan.


CORRIGAN, C.J.

In this case we must determine whether the admission of statements made by defendant to a sheriff's reserve deputy violated defendant's Sixth Amendment rights. We conclude that the admission of the statements did violate defendant's Sixth Amendment rights because, under the circumstances in this case, the reserve deputy was a state actor at the time he questioned defendant, who had not waived his Sixth Amendment right to counsel. We have already concluded...

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