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People v. Tate

Supreme Court of Michigan
Apr 4, 2007
477 Mich. 1066 (Mich. 2007)

Opinion

No. 132231.

April 4, 2007.

Appeal from the Court of Appeals No. 254868.


Summary Dispositions April 4, 2007.

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the order of the Wayne Circuit Court denying defendant's motion for a new trial. The appeals court improperly substituted its judgment for that of the trier of fact, in this case the trial court, in regard to the assessment of witness credibility. People v Lemmon, 456 Mich 625, 646-647 (1998).

CAVANAGH and KELLY, JJ. We would deny leave to appeal.


Summaries of

People v. Tate

Supreme Court of Michigan
Apr 4, 2007
477 Mich. 1066 (Mich. 2007)
Case details for

People v. Tate

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. KEITH TATE…

Court:Supreme Court of Michigan

Date published: Apr 4, 2007

Citations

477 Mich. 1066 (Mich. 2007)
728 N.W.2d 873

Citing Cases

Tate v. Bauman

In lieu of granting leave to appeal, the Michigan Supreme Court reversed the judgment of the Michigan Court…