[DOWNLOAD] "People State Michigan v. Jerald James" by Supreme Court of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Jerald James
- Author : Supreme Court of Michigan
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Order On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F) (1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals. We agree with the Dissenting Judge in the Court of Appeals that the appropriate remedy, given the circumstances of this case, is to remand the case to the Recorder's Court for the City of Detroit for a determination by the trial Judge whether the jury trial waiver was voluntary. We REMAND this case to the Court of Appeals with the direction that it retain jurisdiction while the trial court performs this task. We further DIRECT the Court of Appeals, after the trial court has acted, to reassess whether the prosecutor showed that due diligence was employed to obtain the presence of Gregory Hinton at trial. For purpose of this reassessment, we observe that MCR 2.503 (c) and MCR 2.506 (g) (2) do not limit the inquiry respecting due diligence pursuant to MRE 804.