People v. Burns

In this case, we consider whether the Court of Appeals correctly reversed defendant’s conviction and remanded for a new trial. It did so on the grounds that the circuit court erred by admitting hearsay testimony on the theory that defendant’s conduct amounted to forfeiture by wrongdoing under the Michigan Rules of Evidence. We agree that the circuit court erred by admitting the challenged statements, because the prosecution failed to demonstrate that defendant had the specific intent to, and in fact did, cause the unavailability of the declarant as a witness. Accordingly, we affirm the Court…