People v. Gursky

Summary

The court held that the child's statements were inadmissible under MRE 803A because an adult initiated the subject of sexual abuse and elicited the statements through specific questioning, making them nonspontaneous. The court nevertheless affirmed the convictions because the preserved, nonconstitutional evidentiary error was harmless: the statements were used only for corroboration, were cumulative of the child's trial testimony, and were supported by other evidence. Justice Cavanagh, joined by Chief Justice Kelly, would have found the error prejudicial and ordered a new trial.