PEOPLE v. MILLER

Docket No. 135989.

759 N.W.2d 850 (2008)

482 Mich. 540

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael Allen MILLER, Defendant-Appellee.

Supreme Court of Michigan.

Decided December 30, 2008.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Ronald J. Frantz, Prosecuting Attorney, and Gregory J. Babbitt, Assistant Prosecuting Attorney, for the people.

Gary L. Kohut, Troy, for the defendant.

Kym L. Worthy, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, for amici curiae the Wayne County Prosecutor's Office.

Charles H. Koop, Jeffrey L. Sauter, and William W. Worden, Bellaire, for amici curiae the Prosecuting Attorneys Association of Michigan.


Opinion

MARKMAN, J.

We granted leave to appeal to consider whether defendant is entitled to a new trial on the basis that a convicted felon served as a juror in his original trial. The trial court held that defendant is not entitled to a new trial because he failed to establish actual prejudice. The Court of Appeals, on the other hand, held that defendant is entitled to a new trial because the presence of...

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