PEOPLE OF MI V JOSEPH EDWARD DAVIS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 12, 2002
Plaintiff-Appellee,
v
No. 229082
Oakland Circuit Court
LC No. 00-172028-FH
JOSEPH EDWARD DAVIS,
Defendant-Appellant.
Before: Whitbeck, C.J., and O’Connell and Meter, JJ.
METER, J. (concurring).
I concur in the majority’s decision but write separately to indicate that I believe Powell v
St. John Hospital, 241 Mich App 64, 614 NW2d 666 (2000), to be controlling and good law.
Rebuttal witness Werdene’s testimony did not solely involve “(s)pecific instances of the conduct
of a witness, for the purpose of attacking…the witness’ credibility. . . .” See MRE 608(b).
Rather, the questioned testimony tended to show bias or prejudice on the part of witness
Parenteau, and these considerations are always relevant. Id. at 72-73; see also Swift Electric
Light Co. v Grant, 90 Mich 469; 51 NW 539 (1892).
Accordingly, I would find no error in the trial court’s admission of Werdene’s rebuttal
testimony, rendering unnecessary a harmless error analysis.
In all other respects, I concur.
/s/ Patrick M. Meter
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