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PEOPLE v. SMITH

Docket No. 103833, Calendar No. 4.

581 N.W.2d 654 (1998)

456 Mich. 543

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Larry Donnell SMITH, Defendant-Appellant.

Supreme Court of Michigan.

Decided March 17, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the People.

State Appellate Defender (by Richard B. Ginsberg) for the defendant.

William Forsyth, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research Training and Appeals, amicus curiae for Prosecuting Attorneys Association of Michigan.

Opinion

WEAVER, Justice.

We granted leave in this case to determine whether a hearsay statement, made approximately ten hours after an event, was properly admitted under MRE 803(2) as an excited utterance. Further, we address whether defendant was denied the effective assistance of counsel because his attorney was charged with a felony pending in the same county. We hold that the hearsay statement was admissible as an excited utterance and that defendant...

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