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PEOPLE v. BURNS

Docket No. 145604. Calendar No. 4.

832 N.W.2d 738 (2013)

494 Mich. 104

PEOPLE v. BURNS.

Supreme Court of Michigan.

Decided June 18, 2013.

Attorney(s) appearing for the Case

Bill Schuette, Attorney General, John J. Bursch, Solicitor General, Kurt C. Asbury, Prosecuting Attorney, and Sylvia L. Linton and Jordan Emerson Case, Assistant Prosecuting Attorneys, for the people.

State Appellate Defender (by Valerie R. Newman) for defendant.

David Leyton and Jerrold Schrotenboer for the Prosecuting Attorneys Association of Michigan, for Amicus Curiae.

McCORMACK, J.

In this case, we consider whether the Court of Appeals correctly reversed defendant's conviction and remanded for a new trial. It did so on the grounds that the circuit court erred by admitting hearsay testimony on the theory that defendant's conduct amounted to forfeiture by wrongdoing under the Michigan Rules of Evidence.1 We agree that the circuit court erred by admitting the challenged statements, because the prosecution...

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