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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 26, 2008 Plaintiff-Appellee, v No. 277755 Macomb Circuit Court LC No. 06-005311-FC JAMES ALONZO LEWIS, Defendant-Appellant.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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