In July of 2013, new light was shed on Michigan Rule of Evidence 804 by an opinion released by the Michigan Supreme Court. In People v. Stanley Duncan and Vita Duncan, a case dealing with allegations of the sexual assault of two children at an unlicensed daycare, the Court ruled that a child witness might be unavailable for hearsay purposes when he or she is unable to overcome severe emotional trouble resulting from limitations caused by young age.
On August 8, 2014, Stanley Duncan was found guilty of five counts of first degree criminal sexual conduct and four counts of second degree criminal sexual conduct. Sentencing for Duncan will take place on September 4, 2014. He could face life in prison. Vita Duncan was acquitted of her criminal sexual conduct charges, however, she will be sentenced September 4 for other charges.
Cases involving a child witness are often challenging. It is vital in cases involving child witnesses and criminal sexual conduct (CSC) that the defense attorney is knowledgeable in the research involving child witnesses. It is equally important that the defense attorney is skilled in the particular area of criminal sexual conduct law. Smith Blythe, PC focuses their practice on dealing with sex crimes. Our office has had great success defending criminal sexual conduct allegations. Contact the Law Offices of Shannon M. Smith if there have been accusations of criminal sexual conduct made against you.