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PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JUNIOR FRED BLACKSTON, Defendant-Appellant.

Leave to Appeal Granted.

MAEKMAN, J. (concurring).

For the reasons stated in my dissenting opinion in People v Blackston, 481 Mich 451 (2008), I continue to believe that the trial court abused its discretion here in excluding the recanting statements and that the error was not harmless. However, because this Court has already addressed this issue and my position did not prevail, and because I agree with the Court of Appeals that defendant's remaining issues are without merit, I concur in this Court's decision to now deny leave to appeal.

KELLY, C.J. I join the statement of Justice MARKMAN.

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PEOPLE v. BLACKSTON
(May 1, 2009)