PEOPLE OF MI V JAMES R KAUFMAN

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED Plaintiff-Appellee, v No. 183091 Barry Circuit Court LC No. 94-000128-FH JAMES R. KAUFMAN, Defendant-Appellant. Before: Hood, P.J., and Saad and T.S. Eveland,* JJ. SAAD, J (dissenting). I respectfully dissent. Because People v Talley, 410 Mich 378, 382, 391 n 3; 301 NW2d 809 (1981), upon which the majority relies to hold that a hearing was required, is inapposite and because the uncontroverted facts clearly establish uncoerced consent to search the premises, the trial court properly refused to suppress the evidence and, accordingly, I would affirm the conviction. /s/ Henry William Saad * Circuit judge, sitting on the Court of Appeals by assignment. -1

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