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PEOPLE v. BARRETT

Docket No. 133128.

747 N.W.2d 797 (2008)

480 Mich. 125

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. David Carl BARRETT, Defendant-Appellee.

Supreme Court of Michigan.

April 14, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and William J. Vailliencourt, Jr., Assistant Prosecuting Attorney, for the people.

Patrick K. Ehlmann, East Lansing, for the defendant.

Charles H. Koop, Kym L. Worthy, and Timothy A. Baughman, for amicus curiae the Prosecuting Attorneys Association of Michigan.

Opinion

TAYLOR, C.J.

At issue in this case is whether MRE 803(2),1 the excited utterance exception to the hearsay rule, requires as a prerequisite to the admission of an out-of-court statement that a startling event or condition be established without considering the out-of-court statement itself. We conclude that the plain language of the rule, when applied as instructed by MRE 1101...

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