PEOPLE OF MI V ROBERT JAMES STEPHENS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 31, 2004 Plaintiff-Appellee, v No. 241565 Oakland Circuit Court LC No. 2001-176314-FH ROBERT JAMES STEPHENS, Defendant-Appellant. ON REMAND Before: Fort Hood, P.J., and Murphy and Neff, JJ. MURPHY, J. (concurring). I concur in affirming defendant’s conviction and sentence. The trial court erred in determining that the hearsay statements of defendant’s wife were admissible, and thus abused its discretion by admitting the statements into evidence. See Crawford v Washington, 541 US ___; 124 S Ct 1354; 158 L Ed 2d 177 (2004). Nevertheless, I would conclude that the error was harmless beyond a reasonable doubt in view of the fact that the untainted evidence was more than sufficient to support defendant’s conviction. /s/ William B. Murphy

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