(DOWNLOAD) "People State Michigan v. James B. Moody" by Supreme Court of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. James B. Moody
- Author : Supreme Court of Michigan
- Release Date : January 06, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Order On order of the Court, the delayed application for leave to appeal and the motion to remand are considered and, pursuant to MCR 7.302 (F)(1), in lieu of granting leave to appeal or other relief, we VACATE the order of the Wayne Circuit Court dated September 12, 1988, which denied the defendant's motion for an evidentiary hearing and a new trial. We REMAND the case to the Wayne Circuit Court. On remand, the Wayne Circuit Court must grant the defendant's motion for an evidentiary hearing on the question of whether witnesses Roy Foster and Frank Makowski testified falsely about whether Foster was promised leniency in return for his testimony. Compare People v Wiese, 425 Mich 448 (1986). At the Conclusion of the evidentiary hearing, the Wayne Circuit Court shall consider again the defendant's motion for a new trial. In all other respects, leave to appeal is DENIED.