PEOPLE OF MI V JAMES ALONZO LEWIS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 26, 2008
Plaintiff-Appellee,
v
No. 277755
Macomb Circuit Court
LC No. 06-005311-FC
JAMES ALONZO LEWIS,
Defendant-Appellant.
Before: Markey, P.J., and White and Wilder, JJ.
WHITE, J. (concurring).
While it was not improper to allow testimony regarding defendant’s demeanor during the
interview, Briney’s testimony went beyond an account of defendant’s demeanor and into the
realm of comment on defendant’s truthfulness and credibility. I nevertheless agree with the
affirmance because I join in the conclusion that the error was harmless. Similarly, although
some of the prosecutor’s comments in argument crossed the line into the realm of impermissible
appeal to sympathy, I agree that any prejudice could have been cured by a timely instruction, and
that the outcome of the trial was not affected.
/s/ Helene N. White
-1-
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