Topic: by its very nature . . . prejudicial, otherwise there would… · Go Syfert
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Topic #10541

5 canonical passages across 4 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Fisher.

#Case FlagCanonical passage Citers
1 People v. Fisher Anchor
mich · 1995
green “by its very nature . . . prejudicial, otherwise there would be no point in presenting it.” 9
2 People v. McLaughlin
michctapp · 2003
green “the pertinent inquiry is not whether there has been time for the declarant to fabricate a statement, but whether the declarant is so overwhelmed that she lacks the capacity to fabricate.” 9
3 People v. Gursky
mich · 2010
green “hearsay is generally prohibited and may only be admitted at trial if provided for in an exception to the hearsay rule.” 8
4 People v. Layher
michctapp · 2000
green “while the time that passes between the event and the statement is important in determining whether the declarant was still under the stress of the excitement when the statement was made, the focus of the exception is on the declarant's 'lack of capacity to fabricate, not the lac…” 6
5 People v. Layher
michctapp · 2000
green “a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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