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Several felony Michigan Supreme Court and Court of criminal Appeals cases have offered some guidance on how to treat the factual situation where a statement is elicited attorney following an inquiry or leading question to the declarant concerning admissibility as felony and criminal an excited utterance. The cases agree that a statement given in attorney response to a question is not automatically excluded as being spontaneous . felony and criminal and attorney It is however considered felony and criminal as a factor militating attorney against it. Another factor courts consider is whether the question felony requires an answer beyond a simple "yes" or "no". Such a question naturally requires some degree of reflection by the declarant. Thus, criminal such answer is more prone attorney to be excluded as an excited utterance.
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