People of Michigan v. Tywon Deon Hamilton ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 18, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156411 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 156411
COA: 329845
Wayne CC: 15-002167-FH
TYWON DEON HAMILTON,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the July 6, 2017
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE those parts of the Court of Appeals
judgment addressing whether the defendant preserved his challenge to the admissibility
of hearsay testimony under MRE 803A on the ground that the child complainant’s
disclosure to the declarant was not the first corroborative statement and whether MRE
803A’s notice requirement was satisfied. Because the record establishes that defense
counsel articulated a specific objection on hearsay grounds, the Court of Appeals erred in
holding that the issue was unpreserved. We REMAND this case to that court for
reconsideration of the hearsay issue under the standard for preserved evidentiary error,
see People v Burns, 494 Mich. 104 (2013), and for consideration of whether (1) the
prosecutor “made known” to the defendant “the particulars” of the MRE 803A statement,
and (2) the defendant was given a “fair opportunity” to prepare to meet the statement, as
required by MRE 803A. On remand, the Court of Appeals shall determine whether the
testimony at issue was erroneously admitted under MRE 803A, and if so, whether, upon
an examination of the entire cause, it is more probable than not that the preserved error
was outcome determinative. In all other respects, leave to appeal is DENIED, because
we are not persuaded that the remaining questions presented should be reviewed by this
Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 18, 2018
a0515
Clerk