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eBook details

• Title: Davis v. Straub
• Author : United States Court of Appeals
• Release Date : January 01, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Respondent-Appellee Dennis Straub has petitioned for rehearing following this panels decision to order the district court to grant Petitioner-Appellant Danta Daviss habeas corpus petition. In this case, a Michigan jury convicted Davis of murdering one woman and two children in 1996, and Davis was sentenced to multiple concurrent life sentences. During his joint trial with co-defendant Nathan Bell, Davis sought to have witness Damaris Jourdan testify as to Jourdans prior statements, which tended to exculpate Davis, made to police and a private investigator. Before Jourdan took the witness stand, the prosecutor, in front of Jourdan, informed the court that Jourdan was a suspect and should consult with a lawyer before testifying. Jourdan, after consulting with his lawyer, invoked his Fifth Amendment privilege against self-incrimination. The court stated that "whether or not [Jourdan] testifies is a choice that is his alone," and the court allowed him to make a blanket invocation without taking the stand and responding to individual questions. The state appellate court affirmed Davis conviction, determining that the trial court committed harmless error by allowing the witness to determine the breadth of the privilege against self-incrimination.

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