MSC illuminates the ‘tender years’ exception
A recent Michigan Supreme Court decision has clarified the “spontaneity” requirement under the “tender years” hearsay exception, Michigan Rule of Evidence 803A. The unanimous court held that, under the...
View ArticleDuplicating files doesn’t equal production, MSC says
The verb “to produce” refers to the creation of new pornographic material – and not to the act of storing previously created material – under Michigan’s graduated child pornography statutory scheme,...
View ArticlePaying for sins past and present: For two crimes, propensity evidence is...
Any defendant charged with domestic violence or child sexual abuse can expect a prosecutor to try to introduce propensity evidence against them, as the Michigan Supreme Court upheld the Legislature’s...
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