Michigan Court of Appeals· 7/2/1980
People v. Kubasiak
Citations
- 296 N.W.2d 298
- 98 Mich. App. 529
- 1980 Mich. App. LEXIS 2774
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that police report of witness's statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory
- holding that police report of witness’s statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory
- \[i]t is well-settled that an examining magistrate may consider only legally admissible evidence in reaching a decision to bind a defendant over for trial\
- “While positive proof of guilt is not required, there must be evidence [at the preliminary examination] on each element of the crime charged or evidence from which those elements may be inferred.”
- police report of assault victim’s statement inadmissible where, although victim testified that he had no present recollection of events, the record did not indicate that he had adopted the report as true when the matter was fresh in his memory
Source: CourtListener parenthetical corpus (CC0).
Judges: Burns, Gillis, Riley
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