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Michigan Violating  Form

Michigan Violating Form

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you may proceed good morning your honors Daniel recipe on behalf of mr. Burke's this case is here before the court on whether the trial court and I should have instructed the jury as to second-degree criminal second-degree child abuse I'm sorry I was in the first case the court of appeals majority opinion found that it was harmless error however I would disagree and indicate that the jury was precluded from permitting from being permitted to decide whether or not mr. Burke's had the sufficient mens rea ax in order to determine whether he did commit first-degree child abuse and then as a result felony murder on that basis I would ask this court sent it back down for a new trial thank you very much oh is that is that it was all Hebrews no license Oh could I ask you a question um just can you maybe elaborate a little bit I guess um do you mind maybe just kind of elaborating a little bit more as it pertains to harmless error you know in terms of the facts of this ca

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