PEOPLE v. CLARY

Docket No. 144696. Calendar No. 8.

833 N.W.2d 308 (2013)

494 Mich. 260

PEOPLE v. CLARY.

Supreme Court of Michigan.

Decided June 25, 2013.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Kym L. Worthy , Prosecuting Attorney, Timothy A. Baughman , Chief of Research, Training and Appeals, and David A. McCreedy , Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Michael L. Mittlestat and Jessica L. Zimbelman ) for defendant.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Bruce H. Edwards , Assistant Attorney General, for the Department of the Attorney General.


MARKMAN, J.

Defendant's first trial was declared a mistrial because of a hung jury. Following defendant's second jury trial, he was convicted of assault with intent to murder and possession of a firearm during the commission of a felony. On appeal, the Court of Appeals reversed defendant's convictions, concluding inter alia that defendant had been improperly impeached with his silence when the prosecutor made repeated references to his failure to testify at...

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