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PEOPLE v. SHAFIER

Docket No. 135435. Calendar No. 2.

768 N.W.2d 305 (2009)

483 Mich. 205

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Harold Emmett SHAFIER III, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Frederick Anderson, Prosecuting Attorney, and Douglas E. Ketchum, Assistant Prosecuting Attorney, for the people.

Christine DuBois, Bloomfield Hills, for the defendant.

John Hallacy, Kym L. Worthy, and Timothy A. Baughman, for amicus curiae the Prosecuting Attorneys Association of Michigan.

Opinion

MICHAEL F. CAVANAGH, J.

We granted leave to appeal in this case to determine whether the prosecution's references to defendant's post-arrest, post-Miranda1 silence violated defendant's constitutional due process rights, and, if so, whether defendant is entitled to a new trial.2 We hold that defendant's due process rights were violated. Further, the violation amounted to plain error...

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