D People of Michigan v. Michael Marc Morgan
367789
Mich. Ct. App.Aug 8, 2024Background
- Defendant Morgan was charged with a moving violation causing death after his vehicle collided with a motorcycle, resulting in the motorcyclist Arnold's death.
- The accident occurred after authorities had rerouted Morgan due to another incident; he was making a U-turn when the collision happened.
- Evidence suggested Arnold may have been speeding (up to 75 mph in a 55 mph zone) and had a BAC of .059 g/dL postmortem, possibly higher at the time of the crash.
- The district court allowed evidence of Arnold’s speed but excluded evidence of his BAC, finding it not probative of gross negligence and unfairly prejudicial.
- Morgan appealed, arguing that Arnold’s BAC was relevant to causation and gross negligence. The circuit court denied his appeal. On further appeal, this is a dissenting opinion arguing the district court abused its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held (Dissent) |
|---|---|---|---|
| Admissibility of BAC evidence | Arnold's BAC not probative of proximate cause; prejudicial | BAC relevant to causation and potential for gross negligence | BAC evidence relevant and not unfairly prejudicial |
| Relevance to Gross Negligence | Speeding alone foreseeable, BAC too low for gross negligence | Combined speed and BAC could show Arnold acted grossly negligent | Jury should assess gross negligence with all evidence |
| Application of People v Feezel | Facts not extreme as Feezel; BAC here less probative | Feezel allows BAC evidence if relevant to causation/gross negligence | Feezel applies; BAC evidence should go to jury |
| Unfair Prejudice (MRE 403) | BAC might unduly prejudice the jury against decedent | Exclusion more unfair to defendant’s ability to show causation | Probative value outweighs prejudice; admit evidence |
Key Cases Cited
- People v. Schaefer, 473 Mich 418 (Mich. 2005) (sets forth proximate causation and intervening/superseding cause standards in criminal law)
- People v. Feezel, 486 Mich 184 (Mich. 2010) (victim's intoxication is relevant and sometimes admissible on causation/gross negligence)
- People v. Mills, 450 Mich 61 (Mich. 1995) (standards for balancing probative value against unfair prejudice under Michigan rules)
- People v. Wager, 460 Mich 118 (Mich. 1999) (retrograde extrapolation for BAC can go to weight, not admissibility)