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abused its discretion accused admissible affidavit alleged arraignment assistance of counsel attorney bail cause to believe charged claim committed consent conviction counsel's failure Court of Appeals credibility crime Criminal Defense Newsletter custody decision defendant defendant's right defense counsel delay denied discovery dismissal drug due process effective assistance entitled error evidence exclusionary rule exigent circumstances expectation of privacy federal felony filed Fourth Amendment grand jury identification illegal improper indictment insanity defense investigation issue jurors LEd2d Michigan Constitution Michigan Supreme Court Miranda Miranda rights Miranda warnings MOTIONS AND PROCEDURE-Search murder offense officer's person petitioner police officer prejudice preliminary examination present PRETRIAL MOTIONS prior probable cause PROCEDURE-Search and Seizure proceedings prosecution prosecutor record Remand request required reversal right to counsel rule search warrant sentencing Sixth Amendment Sixth Amendment right statement statute suppression testify testimony trial counsel trial court victim voir dire waived waiver warrantless arrest witness witness's