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PEOPLE v. FARQUHARSON

Docket No. 271783.

731 N.W.2d 797 (2007)

274 Mich. App. 268

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Kerrick FARQUHARSON, Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 13, 2007, at 9:10 a.m.

Released for Publication May 14, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David S. Leyton, Prosecuting Attorney, and Donald A. Kuebler, Chief of Research, Training, and Appeals, for the people.

Neil C. Szabo, Flint, for the defendant.

Before: FORT HOOD, P.J., and TALBOT and SERVITTO, JJ.

SERVITTO, J.

Plaintiff appeals by delayed leave granted the trial court's March 25, 2006, order granting defendant's motion to admit the investigative subpoena testimony of a now-deceased witness, Andre Mathis, at trial. Because defendant was required to show that the prosecution had a similar motive in developing Mathis's testimony at the investigative subpoena hearing before the trial court could admit Mathis's investigative subpoena testimony at trial, we vacate...

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