[Download] "People v. Mcnally" by Michigan Supreme Court * Book PDF Kindle ePub Free

eBook details

Title: People v. Mcnally
Author : Michigan Supreme Court
Release Date : January 04, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

Opinion BEFORE THE ENTIRE BENCH We granted leave to appeal in this case to consider whether the admission of testimony concerning defendant's silence after his arrest, but before he was given Miranda warnings,1 i.e., pre-Miranda silence, as substantive evidence of defendant's guilt is error requiring reversal of defendant's convictions. Following a jury trial, defendant was convicted of second-degree murder, MCL 750.317, and failure to stop at the scene of an accident in which he was involved and that resulted in serious injury, MCL 257.617. Defendant appealed these convictions, contending that the prosecutor improperly elicited testimony regarding his pre-Miranda silence. However, pursuant to its decision in People v Schollaert , 194 Mich App 158, 164-165; 486 NW2d 312 (1992), the Court of Appeals affirmed defendant's convictions. We conclude that defendant forfeited the claim of error by not objecting to the prosecutor's questions regarding defendant's preMiranda silence. Accordingly, we affirm defendant's convictions. I. BACKGROUND