People v. Farquharson

The prosecution appeals by delayed leave granted the trial court’s March 25, 2006, order granting defendant’s motion to admit the investigative-subpoena testimony of a now-deceased witness, Andre Mathis, at trial. Because defendant was required to show that the prosecution had a similar motive in developing Mathis’s testimony at the investigative-subpoena hearing before the trial court could admit Mathis’s investigative-subpoena testimony at trial, we vacate the trial court’s order and remand for a determination regarding whether the prosecution had a similar motive in developing Mathis’s…