MRE 804 Example Case
In People v. Bean, 457 Mich 677; 580 NW2d 390 (1998), the Supreme Court of Michigan ruled that the prosecutor had failed to demonstrate due diligence in locating a key witness for trial, and was therefore barred from introducing that witness' transcribed testimony from the preliminary examination as substantive evidence at trial. Id. at 683.
That ruling was based on MRE 804 and the defendant's constitutional right to confront his accusers, and was not premised on the res gestae witness statute. Id. at 683-684.