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01/06/76 PEOPLE v. PULLEY

January 6, 1976

PEOPLE
v.
PULLEY



Appeal from Kent, Stuart Hoffius, J.

Leave to appeal denied, 396 Mich 852.

N. J. Kaufman, P. J., and R. B. Burns and Deneweth,* JJ.

SYLLABUS BY THE COURT

1. Appeal and Error -- Preserving Error -- Objection -- Benefit of Doubt.

A defendant must specifically object to the admission of testimony to preserve the alleged error for appeal; however, the Court of Appeals prefers to resolve any doubt in the defendant's favor where it is unclear whether defendant specifically objected.

2. Courts -- Precedent -- Plurality Opinions.

The Michigan Court of Appeals is not bound by the reasoning of a plurality opinion of the United States Supreme Court.

3. Searches and Seizures -- Monitoring Conversation by Third Party -- Warrant Requirement -- Case Precedent -- Prospective Application.

The monitoring of a conversation by a third party, with the consent of one participant, is not subject to the requirement of a search warrant where the monitoring occurred prior to a Michigan Supreme Court decision which held that such third-party monitoring is subject to a warrant requirement, and where the decision is to be applied prospectively only.

4. -- Continuance -- Adjournment -- Civil Cases -- Statutes.

No adjournments, continuances or delays of criminal causes shall be granted by any court except for good cause shown in the manner provided by law for adjournments, continuances and delays in civil cases (MCLA 768.2; MSA 28.1025).

5. -- Continuance -- Discretion.

A trial court's denial of a defendant's request for a continuance will be overturned only if it represents an abuse of discretion.

6. -- Continuance -- Witnesses -- Court Rules.

A continuance to enable a defendant to procure a witness shall be granted only if the court finds that the evidence is material and that diligent efforts have been ...


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