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One Court of Justice Blog

Feb 2017
03
February 03, 2017

MSC to hear MOAA on whether “intent to threaten” matters when threat made witness “unavailable”

It’s the thought that counts—or, for the Michigan Supreme Court, the intent. The court has ordered an MOAA to hear arguments on whether intent matters in an evidence dispute over an unavailable witness. In People v. Lopez, No. 327208, the Court of Appeals found that the prosecutor threatened the defendant’s key witness. The prosecutor in that case told the witness that giving testimony during trial that differed from previous sworn testimony would result in a charge of perjury and life imprisonment. So, a week before trial, the witness invoked his Fifth Amendment privilege, saying he was no longer willing to testify. The prosecutor then filed a motion to declare Hoskins “unavailable” as a witness and to admit his prior testimony pursuant to MRE 804(b)(1).
 
 

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