PEOPLE OF MI V CORTEZ ROLAND DAVIS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 183428
Recorder’s Court
LC No. 94-002089
CORTEZ DAVIS,
Defendant-Appellant.
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee/CrossAppellee,
v
No. 192234
Recorder’s Court
LC No. 94-002089
CORTEZ ROLAND DAVIS,
Defendant-Appellant/CrossAppellant.
Before: Cavanagh, P.J., and Gage and Burress,*JJ.
GAGE, J. (concurring in part and dissenting in part).
I concur in parts I, II, III, IV, VI, VII, VIII, IX, X, and XI of the majority opinion. Regarding
part V, I would hold in abeyance any action relative to the trial court’s grant of a new trial. This issue
may be rendered moot by the results of the evidentiary hearing on the legality of defendant’s arrest and
the admissibility of his confession. Moreover, I tend to defer to a trial court’s discretion, although it
would have been most helpful if the judge had more definitively placed on the record her reasons for
granting a new trial.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Hilda R. Gage
-2
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