In criminal matters, there is certain evidence the state cannot use to demonstrate a defendant’s guilt. For example, hearsay is generally precluded from use at trial. There are exceptions, though, that allow hearsay evidence to come in. Recently, a Michigan court explained the exceptions to the rule against hearsay in a case in which the defendant appealed his murder conviction. If you are charged with murder or any other serious offense, you should confer with a Michigan criminal defense attorney as soon as possible to assess what evidence the state may use against you.
The Facts of the Case
It is reported that the defendant and the victim, who were married, lived together with the victim’s adult daughter and her son. The defendant and the victim began arguing one morning, and their disagreement became physical. The victim then kicked the defendant out of the house. Later that evening, the victim’s daughter was in her room when she again heard the victim and defendant arguing. She then heard gunshots and called 911. After she left her room, she found the victim, who had been shot.
Allegedly, the victim died from her wounds. The defendant was charged with and convicted of murder. He appealed, arguing, among other things, that the trial court erred in admitting hearsay evidence at trial. Continue Reading ›