People v. Walker

I respectfully dissent from the majority opinion of my colleagues. I would find that the admission of the complainant’s several statements to her neighbor and police officers violated defendant’s Sixth Amendment right to confront the witnesses against him. As the remaining evidence against defendant was weak at best, I would vacate defendant’s convictions and sentences.

I cannot agree with the majority’s conclusion that the trial court properly admitted testimony regarding the complainant’s statements as excited utterances *547under MRE 803(2). These statements are testimonial hearsay and…