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PEOPLE v. DUNCAN

Docket Nos. 146295, 146296. Calendar No. 6.

835 N.W.2d 399 (2013)

494 Mich. 713

PEOPLE v. Stanley DUNCAN. People v. Vita Duncan.

Supreme Court of Michigan.

Decided July 30, 2013.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Eric J. Smith , Prosecuting Attorney, and Joshua D. Abbott , Assistant Prosecuting Attorney, for the people.

Martin J. Beres , Clinton Township, for Stanley Duncan.

Frank D. Eaman, PLLC, Detroit (by Frank D. Eaman ), for Vita Duncan.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Anica Letica , Assistant Attorney General, for the Department of the Attorney General.

YOUNG, C.J.

While hearsay is generally inadmissible,1 the Michigan Rules of Evidence permit certain prior out-of-court statements to be admitted into evidence when a witness is unavailable.2 MRE 804(a) enumerates five situations when a witness is unavailable, including when the witness is unable to testify because of a then existing physical or mental illness or infirmity.3 We hold...

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