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eBook details

• Title: People v. Johnson
• Author : Supreme Court of Michigan
• Release Date : January 03, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

On request by defendant for review of the record the Supreme Court, after ordering the prosecutor to show cause why the defendant should not be granted relief, reversed the defendant's conviction and remanded the case for a new trial. Johnnie E. Johnson was convicted by a jury in Kalamazoo Circuit Court, Patrick H. McCauley, J., of delivery of a controlled substance. During the cross-examination of a white undercover police officer the defendant's attorney asked the officer about the defendant's reputation for caution and for disliking white people, on the theory that the officer's testimony that the black defendant sold $70 worth of heroin to him, a white stranger, for $50 was implausible. On redirect examination the assistant prosecutor questioned the officer about the defendant's reputation for being a drug dealer and for violence. The officer testified, after objection by the defendant's attorney, to the effect that the defendant had a reputation of being a ""big man"" in the drug community of Kalamazoo who ran his business with ""an iron fist"". The trial court instructed the jury, without objection by defense counsel, only on the crime charged, delivery of a controlled substance. On appeal, the defendant argued that the court should have given instructions on lesser included offenses on its own motion. The Court of Appeals, MacKenzie, P.J., and D. E. Holbrook, Jr., and Cynar, JJ., affirmed in an unpublished per curiam opinion (Docket No. 77-4946). Defendant requested review of the record. Held :

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