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159194 - People v Ernesto E. Uribe

The People of the State of Michigan,

 

Brent Morton

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Eaton – Cunningham, J.)

 

Ernesto Evaristo Uribe,

 

Michael Waldo

 

Defendant-Appellant.

 

Summary

The defendant was convicted of four counts of first-degree criminal sexual conduct for acts of anal penetration of the complainant from the time she was five until she was nine years old.  At trial, Dr. Stephen Guertin testified about statements the complainant made to him and testified that she was sexually abused.  The Court of Appeals affirmed defendant’s convictions in a 2-1 unpublished opinion.  The Supreme Court has ordered oral argument on the application to address:  (1) whether Dr. Guertin’s testimony about the complainant’s statements to him was admissible under the medical treatment exception to the hearsay rule, see People v Garland, 286 Mich App 1 (2009), and People v Shaw, 315 Mich App 668 (2016); (2) whether Dr. Guertin’s testimony was contrary to this Court’s decision in People v Thorpe, 504 Mich 230 (2019), and/or People v Harbison, 504 Mich 230 (2019); and (3) if error occurred, whether reversal of the defendant’s convictions is warranted.​