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No. 123992
| People of the State of Michigan, |
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Timothy A. Baughman (313) 224-5792 |
Plaintiff-Appellant, |
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| vs (Appeal from Ct of Appeals) |
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(Wayne - Strong, C.) |
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| Dennis L. Nickens, |
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Cyril C. Pessina (313) 839-7441 |
Defendant-Appellee. |
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| ______________________________________ |
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Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Background
Dennis L. Nickens was accused of sexually assaulting a long-time girlfriend, with whom he had fathered two children. He was formally charged with a sexual penetration crime - first-degree criminal sexual conduct. At trial, there was a question whether Nickens had actually accomplished sexual penetration. The Wayne County Circuit Court therefore decided, over defense counsel's objection, to instruct the jury on a less serious offense with which Nickens had not been formally charged, namely, assault with intent to sexually penetrate. Nickens was acquitted by the jury of the original charged crime, but convicted of the assault offense. The Court of Appeals reversed Nickens' conviction, ruling that the trial court should not have given the assault with intent jury instruction because the crime of assault with intent does not share the same crime elements with the originally charged sexual penetration crime. The prosecutor appeals.
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