People of Michigan v. Stanley G Duncan
494 Mich. 713
| Mich. | 2013Background
- RS, a four-year-old, is the sole complainant against Stanley and Vita Duncan on multiple CSC charges.
- RS was deemed competent at two preliminary examinations but became unable to testify at trial due to distress and tears.
- Prosecution moved to admit RS’s preliminary-examination testimony under MRE 804(b)(1) after trial court found RS not unavailable.
- Trial court and Court of Appeals held RS was not unavailable under MRE 804(a); Michigan Supreme Court granted appeal.
- Majority holds RS had a “then existing mental infirmity” under MRE 804(a)(4) due to distress from youth, reversing and remanding to address 804(b)(1) and Confrontation Clause issues.
- Concurrences and dissents discuss alternative grounds for unavailability and the distinctive treatment of child witnesses in evidence law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is RS unavailable under MRE 804(a)(4) due to then existing mental infirmity? | RS’s distress from testifying shows mental infirmity. | RS’s distress does not equal mental infirmity under 804(a)(4). | Yes; RS was unavailable under 804(a)(4). |
| Does “then existing mental infirmity” include temporary distress from youth, not a permanent disorder? | Mental infirmity can be temporary and tied to the trial context. | Only permanent mental illness qualifies under 804(a)(4). | Yes; temporary, youth-linked distress can constitute then existing mental infirmity. |
| If RS is unavailable, can her 804(b)(1) testimony be admitted, and would it violate Confrontation Clause? | Admission may be permissible under 804(b)(1) if conditions are met. | Admission could violate Confrontation Clause depending on cross-examination opportunities. | Remand to determine 804(b)(1) requirements and Confrontation Clause impact. |
Key Cases Cited
- People v Duncan, 493 Mich 867 (2012) (discusses unavailability under MRE 804(a) and related evidentiary rules)
- People v Gursky, 486 Mich 596 (2010) (analysis of hearsay and unavailability standards in Michigan)
- People v Murry, 106 Mich App 257 (1981) (unavailability aspects under 804(a) for infirmity-based excuses)