PEOPLE OF MI V DARRYL KEITH WADE

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 19, 1997 Plaintiff-Appellee, v No. 191600 Macomb Circuit Court LC No. 95-000369-FC DARRYL KEITH WADE, Defendant-Appellant. Before: Sawyer, P.J., and Bandstra and E. A. Quinnell*, JJ. MEMORANDUM. Defendant appeals by right his jury conviction for armed robbery and possession of a firearm during the commission of a felony. He contends that he was deprived of a fair trial when a police officer vouched for the credibility of the two eyewitnesses. All the police officer said was that, in conducting a photographic identification proceeding involving the two eyewitnesses, he advised them that he was not interested in a tentative identification, and could proceed with the case only if they were “100% sure”. Both witnesses advised the officer that their identifications were based on that level of certainty. These statements were not objectionable as hearsay, MRE 801(d)(1)(C), and did not represent vouching for the eyewitness testimony, since it was equivalent to the eyewitnesses saying that they were 100% certain of their identifications, and both eyewitnesses were available for cross-examination on this point. However, even if this could be construed as error, it was unpreserved and, on this record, was not outcome determinative. Therefore, appellate relief is unwarranted. People v Grant, 445 Mich 535; 520 NW2d 123 (1994). Affirmed. /s/ David H. Sawyer /s/ Richard A. Bandstra /s/ Edward A. Quinnell * Circuit judge, sitting on the Court of Appeals by assignment. -1

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.