PEOPLE v. KIMBLE, 482 Mich. 984 (2008)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DONALD J. KIMBLE, Defendant-Appellant.

No. 135955.Supreme Court of Michigan.
September 17, 2008.

Court of Appeals No. 278902.

Leave to Appeal Denied September 17, 2008.

The defendant has failed to meet the burden of establishing entitlement to relief under MCB 6.508(D).

MARKMAN, J. (concurring).

Because the trial court refused to allow defendant to present evidence that the complainant’s mother had previously made the same kind of unsubstantiated allegations of sexual abuse against the complainant’s biological father that the complainant made against defendant under substantially similar circumstances, I continue to be persuaded that defendant did not receive a fair trial. However, because a majority of this Court has already denied leave to appeal on this issue People v Kimble, 470 Mich 871 (2004), and because the issues that defendant raises in this appeal are, in my judgment, meritless, I concur in this order. Nonetheless, I continue to view this case as a miscarriage of justice.

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