PEOPLE OF MI V CAVANTA D MCLILLY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 20, 2002
Plaintiff-Appellant,
V
No. 234577
Genesee Circuit Court
LC Nos. 00-007098-FC
00-007099-FC
00-007100-FC
00-007507-FC
CAVANTA D. MCLILLY, DEONDRICK D.
MCLILLEY, LOUIS C. MCLILLEY, JR., and
ORRACCIOUS Q. BROWN,
Defendants-Appellees.
Before: Fitzgerald, P.J., and Wilder and Cooper, JJ.
WILDER, J., (concurring).
I concur in the analysis and conclusion of the lead opinion. I write separately to state that
in addition, I would find that the trial court erred by granting the motion to suppress the
statements heard by Captain Barksdale over the cell phone. The trial court found that these
statements were hearsay statements. The trial court also found, relying on People v Sobczak, 344
Mich 465, 469-470; 73 NW2d 921 (1955), that it was not reasonable to infer the existence of a
conspiracy from these statements and that the introduction of these statements before the
introduction of independent proof of the conspiracy would be unfairly prejudicial.
This Court reviews a trial court’s factual findings on a motion to suppress evidence to
determine whether they are clearly erroneous. People v McKinney, 251 Mich App 205, 207; 650
NW2d 353 (2002); MCR 2.613(C). A trial court’s ultimate conclusion on a motion to suppress
evidence is reviewed de novo. McKinney, supra at 207. Here, the trial court clearly erred by
finding that the statements heard over the cell phone were inadmissible. Although the statements
were hearsay, they were evidence of the state of mind of the declarants and thus admissible as a
hearsay exception under MRE 803(3). Because the statements were relevant and admissible,
therefore, the trial court also erred as a matter of law in suppressing the statements as being
insufficient to permit an inference of conspiracy.
In People v Hardiman, 466 Mich 417, 428; 646 NW2d 158 (2002), the Michigan
Supreme Court held that if evidence is relevant and otherwise admissible, it does not matter that
the evidence gives rise to multiple inferences or that an inference gives rise to further inferences.
The Court further held that the fact-finder should be permitted to determine what inferences may
be fairly drawn from this logically relevant evidence and what weight should be accorded those
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inferences. Id. Based on Hardiman, I would hold that on remand the statements overheard by
Captain Barksdale are also admissible in the prosecution’s case as evidence of the conspiracy
between the defendants and that it is for the finder of fact to determine whether the evidence is
sufficient to prove the alleged conspiracy.
/s/ Kurtis T. Wilder
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