[DOWNLOAD] "People State Michigan v. James Paul Byrne" by Court of Appeals of Michigan " eBook PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. James Paul Byrne
- Author : Court of Appeals of Michigan
- Release Date : January 24, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The Huron County Prosecuting Attorney seeks leave to appeal a May 19, 1993, order of the Huron Circuit Court, which denied defendant's motion for a psychiatric examination of the victim, but granted his motion to allow discovery of the prosecutor's file concerning the victim's father, who has been convicted of criminal sexual conduct involving his daughter in unrelated proceedings. The circuit court's order also allows discovery of the related probate court file, and allows defendant to introduce at trial evidence of the victim's prior sexual experience. In lieu of disposing of this application by order, MCR 7.205(D)(2), and because we believe our resolution of the issues presented will provide valuable guidance to the trial bench and bar concerning matters that frequently arise in criminal sexual conduct prosecutions, we have elected to decide the application by peremptory opinion. People v Nicolaides, 148 Mich App 100, 101; 383 NW2d 620 (1985); Manuel v Dep't of Corrections, 140 Mich App 356, 357; 364 NW2d 334 (1985). Defendant is charged with a single count of first-degree criminal sexual conduct. The complainant, a seven-year-old girl, testified at preliminary examination that defendant inserted his tongue in her anus in mid-December 1992. Apparently, the victim was visiting defendant's seven-year-old sister, and had been invited to spend the night of December 11-12, 1992.