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People v. Warner

Supreme Court of Michigan.
Sep 23, 2022
979 N.W.2d 337 (Mich. 2022)

Opinion

SC: 163805 COA: 351791

09-23-2022

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Damon Earl WARNER, Defendant-Appellant.


Order

On order of the Court, the application for leave to appeal the October 7, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall address: (1) whether, under MCL 767.29 and MCR 6.112(H), a trial court may amend an information, over objection, to include a charge that was dismissed pursuant to an order of nolle prosequi , without beginning the proceedings anew, "unless the proposed amendment would unfairly surprise or prejudice the defendant," MCR 6.112(H) ; (2) if so, whether the Eaton Circuit Court erred by doing so in this case and whether any error was harmless; and (3) whether the trial court abused its discretion by denying the defendant's motion to appoint an expert in false confessions.

The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.


Summaries of

People v. Warner

Supreme Court of Michigan.
Sep 23, 2022
979 N.W.2d 337 (Mich. 2022)
Case details for

People v. Warner

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Damon Earl WARNER…

Court:Supreme Court of Michigan.

Date published: Sep 23, 2022

Citations

979 N.W.2d 337 (Mich. 2022)