PEOPLE v. ALLAN

Docket No. 305283.

829 N.W.2d 319 (2013)

299 Mich. App. 205

PEOPLE v. ALLAN.

Court of Appeals of Michigan.

Decided January 10, 2013. at 9:00 a.m.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Henry C. Zavislak Prosecuting Attorney, and Jerrold Schrotenboer , Chief Appellate Attorney, for the people.

State Appellate Defender (by Randy E. Davidson ), for defendant.

Before: WHITBECK, P.J., and FITZGERALD and BECKERING, JJ.


PER CURIAM.

An unsworn jury convicted defendant, David Lee Allan, of conspiracy to commit extortion, MCL 750.157a; MCL 750.213. Defendant appeals as of right, arguing, among other things, that the trial court committed plain error that requires reversal by failing to swear in the jury. We conclude that the trial court plainly erred by failing to swear in the jury, which both court rule and statute require to protect the constitutional right to a trial by a fair and...

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