PEOPLE v. STAMPER

Docket No. 132887.

742 N.W.2d 607 (2007)

PEOPLE of the State of Michigan, Plaintiff-Appellee v. Michael William STAMPER, Defendant-Appellant.

Supreme Court of Michigan.

December 27, 2007.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jason W. Williams, Assistant Prosecuting Attorney, for the people.

Michael W. Stamper in propria persona.


MEMORANDUM OPINION

At issue in this case is whether a four-year-old injured child can be sufficiently aware of his impending death so that a statement given when death was imminent qualifies for admission as evidence under the dying declaration exception to the hearsay rule, MRE 804(b)(2). In lieu of granting leave to appeal, we affirm defendant's convictions and hold that a child may have the capacity to be conscious of his own impending death for purposes of the...

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