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PEOPLE v. CRESS

Docket No. 121189, Calendar No. 6.

664 N.W.2d 174 (2003)

468 Mich. 678

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Thomas David CRESS, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 9, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, John A. Hallacy, Prosecuting Attorney, and Nancy Mullett and Jennifer Kay Clark, Assistant Prosecuting Attorneys Battle Creek, MI, for the people.

State Appellate Defender (by David A. Moran), Detroit, MI, for the defendant-appellee.

David L. Morse, President, James J. Gregart, Prosecuting Attorney, and Judith B. Ketchum, Assistant Prosecuting Attorney, Kalamazoo, MI, for the Prosecuting Attorneys Association of Michigan.

Bridget M. McCormack, Ann Arbor, MI, for the National Association of Criminal Defense Lawyers and the Criminal Defense Attorneys of Michigan.

Opinion

CORRIGAN, C.J.

We granted leave to appeal to consider whether the trial court abused its discretion in denying defendant's motion for relief from judgment on the basis of a new, third-party confession. We hold that the trial court did not abuse its discretion when it concluded that the third-party confessor was not credible and that the confession, therefore, did not make a different result probable...

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