People of Michigan v. Timothy Matthew Parker
335541
| Mich. Ct. App. | May 25, 2017Background
- Defendant Timothy Parker was charged with OWI, driving with a suspended license, and possession of an open container after being found asleep in a running car; officer obtained a warrant and a blood draw showing BAC 0.163.
- At the district-court preliminary examination the prosecution offered a laboratory report of the blood test; the district court admitted the report over defendant’s hearsay objection.
- The district court bound defendant over to circuit court; defendant moved in circuit court to quash the bind-over, arguing MCR 6.110 required exclusion of the lab report as hearsay despite MCL 766.11b.
- The circuit court agreed with the defendant and remanded for continuation of the preliminary exam; the prosecution appealed to the Court of Appeals.
- The legal conflict: MCR 6.110(C) incorporates the Michigan Rules of Evidence (including MRE 802 hearsay exclusion) for preliminary examinations, while MCL 766.11b(1) creates a statutory hearsay exception allowing certain laboratory reports at preliminary examinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 766.11b or MCR 6.110(C)/MRE 802 controls admissibility of lab reports at preliminary examinations | MCL 766.11b is a substantive legislative enactment and thus supersedes conflicting court rule; lab report admissible | MCR 6.110(C) incorporates MREs so hearsay rule excludes the report; court rule governs procedure and should control | MCL 766.11b is substantive re: evidentiary policy and prevails; lab report admissible |
Key Cases Cited
- McDougall v. Schanz, 461 Mich. 15 (discusses distinction between court-rule procedure and legislative substantive law)
- People v. Watkins, 491 Mich. 450 (addresses conflicts between court rules and statutes in evidentiary context)
- People v. McDaniel, 469 Mich. 409 (laboratory reports prepared for litigation generally not admissible under hearsay exceptions)
- People v. Glass, 464 Mich. 266 (no constitutional right to indictment by grand jury; context on preliminary examinations)
- People v. McKerchie, 311 Mich. App. 465 (standard of review for motion to quash)
- People v. Jones, 168 Mich. App. 191 (presumption that judges can evaluate reliability of evidence)
- People v. Anderson, 88 Mich. App. 513 (historical policy of reducing analyst testimony burdens)