PEOPLE v. KOWALSKI

Docket No. 141932. Calendar No. 7.

821 N.W.2d 14 (2012)

492 Mich. 106

PEOPLE v. KOWALSKI.

Supreme Court of Michigan.

Decided July 30, 2012.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, David L. Morse , Prosecuting Attorney, and William J. Vailliencourt, Jr. , Assistant Prosecuting Attorney, for the people.

Hertz Schram PC, Bloomfield Hills, (by Walter J. Piszczatowski and Michael J. Rex ) for defendant.

Cramer & Minock, PLC, Ann Arbor (by John R. Minock ), and Marla R. McCowan , Detroit, for the Criminal Defense Attorneys of Michigan.

Dykema Gossett PLLC, Ann Arbor (by Jill M. Wheaton ), for the Innocence Network.

David W. Ogden , for the American Psychological Association.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and Mark G. Sands , Assistant Attorney General, for the Attorney General.


MARY BETH KELLY, J.

This case requires that we determine whether expert witness testimony regarding interrogation techniques and psychological factors claimed to generate false confessions is admissible under MRE 702 and MRE 403 and whether exclusion of this testimony violates the Sixth Amendment right to present a defense. The circuit court excluded the testimony of two experts regarding the occurrence of false confessions and the police interrogation

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