Opinion
No. 106242.
September 13, 1996.
Summary Disposition September 13, 1996:
In lieu of granting leave to appeal, the March 18, 1985, judgment of the Court of Appeals, 141 Mich. App. 364, as it pertains to the admissibility of the testimony of witness Kelly Faulkner is reversed. MCR 7.302(F)(1). The trial court did not abuse its discretion in permitting her to testify after she had been hypnotized because her tentative lineup identification of the defendant after hypnosis was based on facts recalled and related before hypnosis and was similar to identification testimony elicited before hypnosis. People v Nixon, 421 Mich. 79 (1984). The January 16, 1986, judgment of the Court of Appeals is reinstated. Reported below: 141 Mich. App. 364 and Court of Appeals No. 86525.
I dissent from the disposition for the reasons stated in my dissenting statement in People v Centers, 422 Mich. 951, 951-957 (1985), set forth and reported in the statement in the companion case of People v McIntosh, 422 Mich. 951, 951-957 (1985). Further, I would remand the case to the Court of Appeals for reconsideration, after providing an opportunity for briefing by counsel, of its decision in this case in its unreported opinion dated January 16, 1986, that the other errors in this case were harmless.