For Your Data Solomon V. Shuell Example Brief
September 17, 2019
Edit
Solomon v. Shuell case brief summary
457 N.W.2d 669 (1990)
CASE FACTS
Plain-clothes officers shot wife's hubby dead spell inwards the procedure of arresting their boy inwards the driveway of husband's home. Husband came out of his family alongside his gun non knowing that the officers were officers.
PROCEDURAL HISTORY
The trial courtroom admitted 4 police line reports into bear witness together with instructed the jury on the rescue doctrine.
DISCUSSION
The courtroom advised that the courtroom of appeals judgment affirming the trial court's findings should endure reversed, together with the representative was remanded for a novel trial.
Suggested law schoolhouse study materials
Shop Amazon for the best prices on Law School Course Materials
.
457 N.W.2d 669 (1990)
CASE SYNOPSIS
Plaintiff surviving married adult woman appealed a judgment of the courtroom of appeals (Michigan), which affirmed the trial courtroom determination admitting police line reports into bear witness nether Mich. R. Evid. 803(6) together with flora that instructing the jury on the rescue doctrine was harmless fault inwards wife's negligence, gear upward on together with battery, together with violation of her husband's constitution rights actions arising from accused officers' shooting of her husband.CASE FACTS
Plain-clothes officers shot wife's hubby dead spell inwards the procedure of arresting their boy inwards the driveway of husband's home. Husband came out of his family alongside his gun non knowing that the officers were officers.
PROCEDURAL HISTORY
The trial courtroom admitted 4 police line reports into bear witness together with instructed the jury on the rescue doctrine.
DISCUSSION
- On appeal, the courtroom held that the reports lacked trustworthiness inside the pregnant of the Mich. R. Evid. 803(6) line of piece of job organisation records exception where they were made yesteryear officers alongside motivation to misrepresent.
- Because the reports were made nether the circumstances of highly in all probability civil together with criminal litigation together with departmental discipline, they were non admissible.
- The reports were likewise non admissible nether Mich. R. Evid. 803(8) every bit populace records or records of matters observed together with reported pursuant to a duty.
- Along alongside their untrustworthiness, they had multiple layers of hearsay inside hearsay.
- The courtroom flora the rescue doctrine didactics to endure prejudicial together with inconsistent alongside substantial jurist because the jury could non properly analyze wife's theory of the case.
The courtroom advised that the courtroom of appeals judgment affirming the trial court's findings should endure reversed, together with the representative was remanded for a novel trial.
Suggested law schoolhouse study materials
Shop Amazon for the best prices on Law School Course Materials
.