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PEOPLE v. BASSAGE

Docket No. 271910.

733 N.W.2d 398 (2007)

274 Mich. App. 321

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jasen Allen BASSAGE, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 22, 2007, at 9:00 a.m.

Released for Publication June 7, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Douglas K. Fisher, Prosecuting Attorney, and William Molner, Assistant Attorney General, for the people.

Thomas J. Robertson, Sturgis, for the defendant.

Before: FORT HOOD, P.J., and SMOLENSKI and MURRAY, JJ.

MURRAY, J.

Defendant was charged with perjury committed in a court proceeding for a capital crime, MCL 750.422. Defendant moved to dismiss the charge, arguing that when called by the prosecution as a witness in an underlying murder case, he had to choose between (1) incriminating himself for filing a false police report or (2) lying. Faced with this dilemma, and because he was never advised of his Fifth Amendment right not to incriminate himself, defendant argued...

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