People v. Fisher

In this criminal appeal, we must decide whether the marital communications privilege provided by MCL 600.2162; MSA 27A.2162 may be invoked in a sentencing proceeding to preclude consideration by the sentencing court of certain extrajudicial statements made by defendant’s estranged wife and set forth in the presentence report. Because defendant’s spouse was not examined as a witness, we conclude that the privilege was not available in the circumstances presented here.

We are required also to determine whether the circuit court properly applied the second edition of the sentencing guidelines…