[Download] "People v. Merritt" by Supreme Court of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Merritt
- Author : Supreme Court of Michigan
- Release Date : January 29, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Joseph C. Merritt was charged with armed robbery. At the time, the alibi notice statute, MCL 768.20; MSA 28.1043, required a written notice of the defense of alibi to be filed not less than four days before trial, and permitted the court in its discretion to exclude alibi evidence when the prescribed notice was not filed. A notice of alibi was not filed until the first day of trial, and the Wayne Circuit Court, James L. Ryan, J., denied the defendant's motion that he be permitted to present alibi witnesses. Defendant was convicted. The Court of Appeals, V. J. Brennan, P. J., and J. H. Gillis and O'Hara, JJ., affirmed (Docket No. 14191). Defendant appeals. Held: 1. Where the trial Judge has excluded the alibi testimony rather than grant a continuance, the defendant's right to have compulsory process for obtaining witnesses in his favor has been jeopardized and the standard is somewhat stricter than that generally applied. It is improper to exclude the defense where neither serious abuse of the right on the part of the defendant nor prejudice to the people's case have been demonstrated. The issues become: do the possible risk of false testimony and the interruption in the orderly administration of Justice justify this intrusion on defendant's right?