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