PEOPLE v. BURTON

Docket No. 82216, (Calendar No. 6).

433 Mich. 268 (1989)

445 N.W.2d 133

PEOPLE v. BURTON

Supreme Court of Michigan.

Decided August 25, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Faintuck, Shwedel & Wolfram (by William G. Wolfram) for the defendant.


BRICKLEY, J.

This unusual case presents the question whether extrajudicial statements sought to be admitted into evidence as excited utterances under MRE 803(2), standing alone, may establish the foundation for their own admissibility. Specifically, we are asked to decide whether such statements may be admitted when there is no independent evidence, direct or circumstantial, of the underlying startling event to which the statements relate. We answer this question...

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