Opinion
No. 127457.
June 17, 2005.
Leave to Appeal Granted.
SC: 127457, COA: 248038.
The parties are to include among the issues to be briefed: (1) whether each of the victim's hearsay statements was "testimonial" in nature and thus inadmissible under the rule of Crawford v. Washington, 541 US 36 (2004); (2) if so, whether Crawford should be applied retroactively; (3) if any of the statements are nontestimonial under Crawford, whether they were admissible as excited utterances pursuant to MRE 803(2); and (4) if any of the statements are testimonial under Crawford, whether their admission was harmless beyond a reasonable doubt. The case is to be argued and submitted to the Court with People v. Walker, No. 128515. The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the questions presented in this case may move the Court for permission to file briefs amicus curiae.