Opinion
No. 110207.
August 7, 1998.
Leave to Appeal Denied August 7, 1998:
Court of Appeals No. 190153.
We would grant leave to appeal.
Although I join in the order denying leave to appeal, I write separately to state that I disagree with the statement by the Court of Appeals that the prosecution is required to use due diligence in attempting to produce an endorsed res gestae witness for trial. In People v Burwick, 450 Mich. 281 (1995), this Court recognized that pursuant to the amendment of MCL 767.40a; MSA 28.980(1), due diligence is no longer the statutory standard. The appropriate standard is whether the trial court abused its discretion in excusing production of the witness. See Burwick, supra; People v Bean, 457 Mich. 677, 691 (1998) (BOYLE, J., concurring in part and dissenting in part).