Summary
In George, the Court of Appeals affirmed the defendant's conviction in a split decision, with Judge GLEICHER dissenting from the portion of the majority opinion holding that the hearsay evidence provided by the victim's mother and sister was properly admitted under MRE 803A. The dissent argued that the trial court ignored evidence that the victim's hearsay statement was not the first one made to another person (as MRE 803A requires), that the statement was not spontaneous, and that the defendant was prejudiced by this error.
Summary of this case from People v. GurskyOpinion
No. 135640.
May 21, 2008.
Court of Appeals No. 271892.
Summary Disposition May 21, 2008:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals for the reasons stated in the Court of Appeals dissenting opinion, and we remand this case to the Oakland Circuit Court for a new trial.