People v. Gauthier

This case requires an interpretation of the right of confrontation guaranteed to criminal defendants by Const 1963, art 1, § 20, 1 as well as by virtue of the Sixth Amendment to the United States Constitution. 2 At issue is the scope of the confrontation right in criminal cases when read in light of a recognized exception to the hearsay rule — specifically, the business records hearsay exception. 3

We acknowledge at the outset that People v. Lewis (1940), 294 Mich 684, stands firmly against the admission of business record hearsay in criminal cases, the statutory exception notwithstanding. In…