371830
Mich. Ct. App.Jul 7, 2026Background
- Defendant was convicted of three counts of CSC-I and six counts of CSC-II for sexually assaulting a mentally disabled minor victim. 1
- The victim and his mother moved into defendant's home after their house fire and later lived in a camper on defendant's property. 2
- The victim reported the assaults to school officials in November 2023, leading to police involvement and defendant's arrest. 3
- Before trial, the court allowed DC to testify about a 1999 sexual assault by defendant and allowed Detective Edwards to relay the victim's statements under MCL 768.27c. 4
- At trial, the victim described three assaults involving the same sexual contacts, and Detective Edwards testified about the victim's statements and inconsistencies. 5
- The jury convicted defendant on all counts, and he received concurrent habitual-offender sentences of 300 to 480 months for CSC-I and 120 to 180 months for CSC-II. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior sexual assault evidence 7 | People: DC's testimony was admissible under MCL 768.27b. | Grant: DC's testimony was irrelevant and unfairly prejudicial. | Error to admit, but harmless. 8 |
| Admission of victim's statements to detective 9 | People: the statements satisfied MCL 768.27c. | Grant: statements were untimely, untrustworthy, and barred by MRE 403. | Properly admitted. 10 |
Key Cases Cited
- People v Thorpe, 504 Mich 230 (Mich. 2019) (abuse-of-discretion standard for evidentiary rulings 11)
- People v Meissner, 294 Mich App 438 (Mich. Ct. App. 2011) (reports made months later can satisfy MCL 768.27c's 'at or near' requirement 12)
- People v Watkins, 491 Mich 450 (Mich. 2012) (nonexclusive factors for MRE 403 balancing in other-acts cases 13)
- People v Pipes, 475 Mich 267 (Mich. 2006) (erroneous evidence admission may be harmless if properly admitted evidence is strong 14)
- People v Haynes, 281 Mich App 27 (Mich. Ct. App. 2008) (courts may not read extra restrictions into an unambiguous statute 15)
- People v Green, 313 Mich App 526 (Mich. Ct. App. 2015) (appellant must adequately brief claims with supporting authority 16)