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People v. Spivey

Michigan Court of Appeals
Jul 30, 1981
310 N.W.2d 807 (Mich. Ct. App. 1981)

Opinion

Docket No. 50897.

Decided July 30, 1981.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Janice M. Joyce, Assistant Prosecuting Attorney, for the people.

Daniel R. Siefer, for defendant on appeal.

Before: BASHARA, P.J., and N.J. KAUFMAN and J.L. BANKS, JJ.

Circuit judge, sitting on the Court of Appeals by assignment.


Defendant appeals his jury conviction of larceny from a person, MCL 750.356; MSA 28.588.

Initially, defendant contests the trial court's ruling that a Walker hearing was not necessary. Defendant did not contest the voluntariness of his confession. Rather, he sought an evidentiary hearing in order to prove that law enforcement officials had fabricated a few sentences which he claimed that they inserted into the confession.

People v Walker (On Rehearing), 374 Mich. 331; 132 N.W.2d 87 (1965).

We agree with the trial court's conclusion that no evidentiary hearing was necessary. The purpose of the Walker hearing is to prevent prejudice to the defendant which may occur where a defendant has given inculpatory statements to the police which are considered legally inadmissible due to the coercive circumstances surrounding the confession. Walker represents an exception to the general rule that fact questions are properly for the jury's consideration. Other factors relating to the confession, such as credibility, truthfulness and whether the statement had been made at all, remain for the determination of the trier of fact. People v Mosley (On Remand), 72 Mich. App. 289, 294; 249 N.W.2d 393 (1976), aff'd on other grounds 400 Mich. 181; 254 N.W.2d 29 (1977), People v Gilbert, 55 Mich. App. 168, 172; 222 N.W.2d 305 (1974), People v Mathis (On Remand), 75 Mich. App. 320, 324; 255 N.W.2d 214 (1977). Thus, we find no error in the trial court's decision.

Defendant also challenges the trial court's ruling allowing his impeachment by use of evidence of a prior conviction for assault with intent to rob. Review of the record reveals compliance with MRE 609, as it existed at the time of trial. In addition, we find no abuse of discretion in the trial court's determination that the probative value of the evidence outweighed its prejudicial effect. People v Crawford, 83 Mich. App. 35, 39; 268 N.W.2d 275 (1978).

Affirmed.


Summaries of

People v. Spivey

Michigan Court of Appeals
Jul 30, 1981
310 N.W.2d 807 (Mich. Ct. App. 1981)
Case details for

People v. Spivey

Case Details

Full title:PEOPLE v SPIVEY

Court:Michigan Court of Appeals

Date published: Jul 30, 1981

Citations

310 N.W.2d 807 (Mich. Ct. App. 1981)
310 N.W.2d 807

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