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PEOPLE v. DUNCAN

Docket Nos. 146295, 146296. COA Nos. 312637, 312638.

825 N.W.2d 57 (2013)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Stanley G. DUNCAN, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Vita Duncan, Defendant-Appellee.

Supreme Court of Michigan.

January 24, 2013.

Order

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the November 29, 2012 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue whether the witness was "unavailable" for the purposes of MRE 804(a). Pursuant to MCR 7.302(H)(1), we VACATE as dicta those portions of the Court of Appeals judgment and the Macomb Circuit Court's October 5, 2012 opinion discussing whether...

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