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PEOPLE v. BORGNE

Docket No. 134967. Calendar No. 1.

768 N.W.2d 290 (2009)

483 Mich. 178

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael J. BORGNE, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, John D. Dakmak, Prosecuting Attorney, and Mark G. Sands, Assistant Attorney General, for the people.

State Appellate Defender (by Jacqueline J. McCann and Kim M. McGinnis) for the defendant.

John Hallacy, Kym L. Worthy, and Timothy A. Baughman for amicus curiae the Prosecuting Attorneys Association of Michigan.

MICHAEL F. CAVANAGH, J.

In this case we must decide whether defendant Michael Borgne's constitutional rights under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), were violated, and, if they were, what effect that has on his convictions.1 We hold that defendant's rights under Doyle were violated when the trial court erroneously allowed the prosecution to use defendant's post...

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