PEOPLE OF MI V ASBERRY DONELL DANIELS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 184692
Kent Circuit Court
LC No. 94-002834-FC
ASBERRY DONELL DANIELS,
Defendant-Appellant.
Before: Bandstra, P.J., and Hoekstra and J.M. Batzer*, JJ.
BANDSTRA, P.J. (concurring).
Although I agree with the reasoning and result of the lead opinion, I find its reliance on People v
Morrow, 214 Mich App 158; 542 NW2d 324 (1995) to be misplaced. Morrow involved a
separation of powers question: whether a prosecutor may proceed with a case after the chief witness
has recanted an inculpatory account of the alleged crime or, instead, whether the case may be sua
sponte dismissed by the court. The defendant in Morrow did not raise the constitutional issues raised
by defendant in the present case. Further, in Morrow, the recanting witness would apparently have
been available for the defendant to call at trial. In contrast, defendant’s arguments in the present case
are based on the fact that Ward would not testify at trial.
/s/ Richard A. Bandstra
* Circuit judge, sitting on the Court of Appeals by assignment.
-1Â
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