expunge felony

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Several Michigan Supreme Court and Court of Appeals cases have offered some guidance on how to treat the factual situation expunge where a statement is elicited following an inquiry 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 excluded as being spontaneous. It is however considered as a factor militating against it. Another factor courts consider is whether the question requires an answer beyond a simple "yes" or "no". Such a question naturally requires some degree of reflection by the declarant. Thus, such answer is more prone to be excluded as an excited utterance.

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