Questions about what evidence can be used in the upcoming trial of Kalamazoo mass shooting suspect Jason Dalton will be addressed by the state Court of Appeals, according to a one-page order from the Michigan Supreme Court.
Dalton's attorney will be allowed to pursue a claim that statements Dalton made to police should not be allowed at trial. Last May, Kalamazoo Judge Alexander Lipsey ruled some statements Dalton made to police following the Feb. 20, 2016 shooting were fair game.
Dalton's attorney objected, and asked the Court of Appeals to hear arguments. The Court of Appeals last fall declined to take up the matter. The Supreme Court this week told them to weigh in.
At issue is an interview between Dalton and Michigan State Police regarding the shooting rampage in and around the city of Kalamazoo. Six people were killed and two others were injured.
Arguments before the Court of Appeals will be scheduled for later this year.
"I'm extremely pleased the Michigan Supreme Court reversed the appeals decision and remanded it back to consider the substantive issues,'' Kalamazoo attorney Anastase Markou, who worked on Dalton's appeal, said in a statement.
"I believe Mr. Dalton's rights were violated and I'm glad the Court of Appeals will now consider the legal issues raised,'' Markou said in the statement.
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