People v. Stamper

Memorandum Opinion. At issue in this case is whether a four-year-old injured child can be sufficiently aware of his impending death so that a statement given when death was imminent qualifies for admission as evidence under the dying declaration exception to the hearsay rule, MRE 804(b)(2). In lieu of granting leave to appeal, we affirm defendant’s convictions and hold that a child may have the capacity to be conscious of his own impending death for purposes of the dying declaration exception.

We adopt the facts as set forth by the Court of Appeals:

The victim in this case is Jake Logan, the…