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People v. Hickman

684 N.W.2d 267 (2004)

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People v. Hickman

Michigan Supreme Court

684 N.W.2d 267 (2004)

Facts

Police officers responded to a report of an armed robbery. The robbery victim told officers that one man pointed a handgun at his face while another man robbed him of $26 and two two-way radios, giving descriptions of both men and the gun. An officer spotted a man fitting the description of one of the robbers and arrested the man after a foot chase, during which the man discarded a handgun matching the victim’s description of the gun. The man was also carrying one of the two-way radios. Shortly after the man’s arrest, police brought the victim to make an on-scene identification. The victim identified Jonathan Hickman (defendant) as the robber who pointed the gun at him. The state (plaintiff) charged Hickman with, among other crimes, armed robbery. Hickman moved to suppress testimony of the victim’s on-scene identification, arguing that he was not represented by counsel during the identification. The trial court denied Hickman’s motion. Hickman was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Corrigan, C.J.)

Dissent (Kelly, J.)

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