Opinion
360576
11-02-2022
LC No. 17-007903-FC
Stephen L. Borrello Michael F. Gadola Judges
ORDER
Amy Ronayne Krause Presiding Judge
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED for lack of merit in the grounds presented.
Ronayne Krause, P.J., would grant the delayed application and states:
Based on the following exchange:
Prosecutor: . . . And then you indicated . . . that she had said it occurred between her inner labia and described the . . . feeling the fingers were inside her?
Witness: Yes. She said, "It felt like his fingers went up in me."
Prosecutor: Okay. So do you know from that whether or not . . . they actually did or not?
Witness: I don't have any reason not to believe her.This is vouching and in violation in of People v Thorpe, 504 Mich. 230, 262-263; 934 N.W.2d 693 (2019) and deserves plenary review.