PEOPLE OF MI V JAMES R KAUFMAN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 183091
Barry Circuit Court
LC No. 94-000128-FH
JAMES R. KAUFMAN,
Defendant-Appellant.
Before: Hood, P.J., and Saad and T.S. Eveland,* JJ.
SAAD, J (dissenting).
I respectfully dissent.
Because People v Talley, 410 Mich 378, 382, 391 n 3; 301 NW2d 809 (1981), upon which
the majority relies to hold that a hearing was required, is inapposite and because the uncontroverted
facts clearly establish uncoerced consent to search the premises, the trial court properly refused to
suppress the evidence and, accordingly, I would affirm the conviction.
/s/ Henry William Saad
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
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