People v. Burns

832 N.W.2d 738 (2013)

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People v. Burns

Michigan Supreme Court
832 N.W.2d 738 (2013)

Facts

CB told Gonzales that her father, Burns (defendant) had sexually abused her. CB was four years old at the time. Burns was charged with sexual abuse. When CB was interviewed about the incident, she stated that Burns had told her during the incident not to tell anyone about it. At trial, CB was deemed unavailable as a witness because she was scared and did not want to testify. The prosecution (plaintiff) sought to have Gonzales testify about CB’s original disclosure to him. The trial court permitted the testimony under Michigan Rule of Evidence 804(b)(6), finding that Burns had procured CB’s unavailability by telling her not to tell anyone about the abuse. Burns was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (McCormack, J.)

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