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155276 - People v Diallo Corley

The People of the State of Michigan,

 

Jonathan Mycek

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Callahan, J.)

 

Diallo Corley,

 

Craig Daly

 

Defendant-Appellant.

 

Summary

A jury convicted defendant of assault with intent to murder and other offenses for shooting Calvin Wray. The Court of Appeals remanded the case to the trial court for an evidentiary hearing on whether defendant should be granted a new trial based on newly discovered evidence. At the evidentiary hearing, newly discovered witness Tarryl Johnson gave a description of the shooting that was significantly different than the description given by the victim at trial and that would tend to show that defendant was not the shooter. The trial judge denied defendant’s motion for new trial, emphasizing that Johnson had a criminal record and could be impeached with his prior armed robbery conviction at a retrial. The Court of Appeals affirmed in an unpublished opinion, with one judge dissenting. The Supreme Court has ordered oral argument on defendant’s application for leave to appeal to address whether the trial court abused its discretion by declining to grant a new trial on grounds of newly discovered evidence, and in particular, whether the trial court erred in concluding that the newly discovered evidence would not make a different result probable on retrial. ​