PEOPLE v. MALONE

Docket Nos. 94390, 94391, (Calendar No. 1).

445 Mich. 369 (1994)

518 N.W.2d 418

PEOPLE v. MALONE

Supreme Court of Michigan.

Decided June 14, 1994.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training, and Appeals, and Janice M. Joyce Bartee, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by David A. Moran) for the defendant.


BOYLE, J.

The question presented in this case is whether the Michigan Rules of Evidence modify the definition of hearsay to define a prior statement of identification as nonhearsay. Specifically, we must decide whether the trial court acted properly in admitting as substantive evidence the testimony of two witnesses that a witness who denied having identified the defendant at trial had previously identified him at a photographic showup.

We hold that, under...

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