Opinion
No. 129801.
February 3, 2006.
Leave to Appeal Denied.
SC: 129801, COA: 263104.
I would grant leave to appeal to resolve what is, in my judgment, a significant constitutional question: whether the exception set forth in Harrison v. United States, 392 US 219, 222 (1968), to the general rule that a defendant who chooses to testify in a first trial waives the privilege against compulsory self-incrimination in a second trial is applicable where, as here, such defendant testified in the first trial only after the government introduced evidence later found to be in violation of the Sixth Amendment. I would also resolve the apparent conflict between the the Court of Appeals decision in this case, which concluded that the Harrison exception applies only to evidence that is both illegally obtained and improperly admitted, and the Court of Appeals decision in People v. Armentero, 148 Mich App 120, 126 (1986), which concluded that the Harrison exception applies to evidence that infringes upon any "basic constitutional value."
KELLY, J. I join the statement of Justice MARKMAN.