Friday, June 21, 2013
I May Be Wrong: Supreme Court of Michigan Finds Forfeiture by Wrongdoing Didn't Apply in Sexual Abuse Case
Michigan Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay for
A statement offered against a party that has engaged in or encouraged wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.
If a criminal defendant forfeits his objection to hearsay under Rule 804(b)(6), he also forfeits his objection that the admission of the hearsay violates the Confrontation Clause. In People v. Burns, 2013 WL 3020917 (Mich. 2013), the Supreme Court of Michihgan found that the defendant forfeited neither. Why?