PEOPLE v. NUNLEY

Docket No. 144036. Calendar No. 5.

821 N.W.2d 642 (2012)

491 Mich. 686

PEOPLE v. NUNLEY.

Supreme Court of Michigan.

Decided July 12, 2012.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Brian L. Mackie , Prosecuting Attorney, and Mark Kneisel , Assistant Prosecuting Attorney, for the people.

James E.R. Fifelski , Ypsilanti, for defendant.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, B. Eric Restuccia , Deputy Solicitor General, and Erik A. Graney , Assistant Attorney General, for the Attorney General.

Kym L. Worthy and Timothy A. Baughman , Detroit, for the Prosecuting Attorneys Association of Michigan.


ZAHRA, J.

The issue in this case is whether a Michigan Department of State (DOS)1 certificate of mailing is testimonial in nature and thus that its admission, without accompanying witness testimony, violates the Confrontation Clause of the state and federal constitutions. The DOS generated the certificate of mailing to certify that it had mailed a notice of driver suspension to a group of suspended drivers. The prosecution seeks to introduce...

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