The case is People v Burns, and the decision was written by Justice McCormack. The defendant was convicted by a jury of first-degree criminal sexual conduct. A bible school teacher conditionally testified at trial about the defendant's 4-year old daughter's statements to him, after which the prosecutor failed to elicit the daughter's testimony. The trial court admitted the testimony after finding that the defendant had told his daughter “not to tell” during the alleged abuse and thus caused her unavailability to testify, making the testimony admissible under the forfeiture-by-wrongdoing rule, MRE 804(b)(6). The Court of Appeals reversed, concluding that the prosecution had failed to establish by a preponderance of the evidence that defendant had both the specific intent to cause the daughter's unavailability and that the wrongdoing did in fact cause the unavailability. The Supreme Court affirmed.