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No. 123641
| The People of the State of Michigan , |
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Jeffrey A. Caminsky |
Plaintiff-Appellee, |
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| vs (Washtenaw - Crockett III, G.) |
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Deleon D. Tate, |
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Jonathan B.D. Simon |
Defendant-Appellant. |
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Oral Argument on Application
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Defendant-Appellant's Application for Leave to Appeal >
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Plainitff-Appellee's Supplemental Response>>
Background
Defendant Deleon Tate was suspected of being involved in an armed robbery that resulting in a shooting death. At the pretrial hearing, a police officer testified that Tate voluntarily made a statement to the police, that the statement was typed, and that Tate signed it. Tate, on the other hand, claimed that he signed a handwritten statement, because he was coerced into doing so, but he denied ever signing a typewritten statement. At the conclusion of the pretrial hearing, the trial court ruled that the typewritten statement could be used at trial. The trial judge acknowledged that Tate denied making the typewritten statement, but concluded that the jury should decide whether Tate was telling the truth. The trial judge also concluded that Tate did not allege that the typewritten statement was the product of coercion, and so the judge did not rule on whether that statement was involuntary. The typewritten statement was admitted at trial. The jury found Tate guilty of first-degree felony murder; he was sentenced to life in prison. The Court of Appeals agreed with the trial court that Tate was not entitled to a ruling on whether the statement was coerced. The appellate court also rejected Tate's claim that the evidence was insufficient to establish felony murder, and that the prosecutor committed misconduct during closing argument. Tate appeals.
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