PEOPLE OF MI V ERIK WILLIAM SKIDMORE

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 24, 2008 Plaintiff-Appellee, v No. 274207 Jackson Circuit Court LC No. 06-003318-FH ERIK WILLIAM SKIDMORE, Defendant-Appellant. Before: Wilder, P.J., and O’Connell and Whitbeck, JJ. WHITBECK, J. (concurring). I write separately to acknowledge that there may appear to be a contradiction between this opinion and my dissent in People v Johnson.1 I emphasize, however, that this case is distinguishable on the facts. Johnson involved a domestic assault and kidnapping dispute where, at time of the trial, one of the jurors was a complainant in a domestic violence case and the same special unit of the office of the Oakland County Prosecuting Attorney was prosecuting both cases at the same time.2 In Johnson, during voir dire, the juror admitted that she had been the victim of an assault in the past, but did not mention her current involvement in the domestic violence case.3 The juror also allegedly told the assistant prosecuting attorney assigned to prosecute the Oakland County case that she had already decided to convict Johnson before the trial began.4 Johnson is therefore substantially different from the present case. Here, the juror in question openly acknowledged during voir dire that he was a police officer and often worked on similar narcotics cases.5 Our holding today in Skidmore is therefore, not inconsistent with my dissent in Johnson, and I therefore agree with the majority’s decision to affirm. /s/ William C. Whitbeck 1 People v Johnson, 245 Mich App 243; 631 NW2d 1 (2001). 2 Id. at 252. 3 Id. at 250-252. 4 Id. at 258. 5 Id. at 250-252; see id. at 291-292 (Whitbeck, J., dissenting). -1-

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