Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
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

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases named People v. Kubasiak

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.