MI Bar Evidence 3 — Questions and Answers
Question 1: A police officer testifies that an anonymous caller said the defendant was selling drugs. Offered to prove the defendant sold drugs, this testimony is:
- Inadmissible hearsay (Correct answer)
- Admissible as a present sense impression
- Admissible because police may repeat tips
- Admissible as a statement against interest
Correct answer: Inadmissible hearsay
An out-of-court statement offered for the truth of the matter asserted is hearsay, and an anonymous tip fits no exception.
Question 2: In a criminal trial, the defendant's own statement to police, offered by the prosecution, is admissible as:
- A statement of a party-opponent, which is not hearsay (Correct answer)
- An excited utterance
- A declaration against interest requiring unavailability
- Inadmissible unless the defendant testifies
Correct answer: A statement of a party-opponent, which is not hearsay
A party's own statement offered against that party is excluded from the definition of hearsay under MRE 801(d)(2).
Question 3: Under the Confrontation Clause as applied in Michigan, a testimonial statement of an unavailable witness is admissible against a criminal defendant only if:
- The defendant had a prior opportunity to cross-examine the declarant (Correct answer)
- The statement is highly reliable
- The judge finds it trustworthy under the circumstances
- It falls within any hearsay exception
Correct answer: The defendant had a prior opportunity to cross-examine the declarant
Under Crawford v. Washington, testimonial hearsay requires unavailability plus a prior opportunity for cross-examination, regardless of reliability.
Question 4: A lay witness may offer an opinion under MRE 701 only if it is:
- Rationally based on the witness's perception and helpful to the fact-finder (Correct answer)
- Based on specialized scientific knowledge
- Approved in advance by the court
- Limited to matters of physical appearance
Correct answer: Rationally based on the witness's perception and helpful to the fact-finder
MRE 701 limits lay opinions to those rationally based on perception, helpful to understanding testimony or a fact in issue, and not based on specialized knowledge.
Question 5: A nurse's statement in a medical record that the patient said 'my husband pushed me down the stairs' is admissible under the medical-treatment exception if:
- The statement was reasonably necessary to diagnosis or treatment (Correct answer)
- The husband is a party to the case
- The nurse testifies at trial
- The patient is unavailable
Correct answer: The statement was reasonably necessary to diagnosis or treatment
MRE 803(4) admits statements made for and reasonably necessary to medical diagnosis or treatment, which can include the cause of injury in abuse cases.
Question 6: Under MRE 613, extrinsic evidence of a witness's prior inconsistent statement is admissible only if:
- The witness is given an opportunity to explain or deny it (Correct answer)
- The statement was made under oath
- The statement was written and signed
- The witness is a party
Correct answer: The witness is given an opportunity to explain or deny it
Extrinsic evidence of a prior inconsistent statement requires that the witness have an opportunity to explain or deny it and the opposing party may examine the witness about it.
Question 7: A photograph of a crime scene is properly authenticated when:
- A witness with knowledge testifies it fairly and accurately depicts the scene (Correct answer)
- The photographer personally testifies
- A chain of custody is established for the camera
- It is certified by the police department
Correct answer: A witness with knowledge testifies it fairly and accurately depicts the scene
Authentication requires only evidence sufficient to support a finding that the item is what its proponent claims, such as a knowledgeable witness confirming accuracy.
MI Bar Evidence 3
A police officer testifies that an anonymous caller said the defendant was selling drugs.
Offered to prove the defendant sold drugs, this testimony is: