People of Michigan v. Brent Justin Dewald
329232
| Mich. Ct. App. | Jan 17, 2017Background
- Defendant Brent Justin Dewald was convicted by a jury of aggravated assault and sentenced to one year in jail.
- Victim’s daughter testified Dewald struck the victim in the face and groin, pushed and choked her, and threatened the daughter; daughter observed bleeding and later saw the victim hospitalized with a black eye.
- At trial the victim testified she and Dewald were dating, argued, and she injured herself by running into a lawn ornament while chasing dogs.
- Prosecution called police officers, the victim’s aunt, and the victim’s brother to impeach the victim with prior statements that Dewald had punched, kicked, head-butted, dragged, and otherwise assaulted her.
- Dewald argued those out-of-court statements were inadmissible hearsay and that the prosecution impermissibly used them substantively rather than merely for impeachment.
- The trial court admitted the impeachment evidence; the Court of Appeals affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior statements as impeachment vs hearsay | Prior inconsistent statements are admissible to impeach and are not hearsay | Statements were hearsay and therefore inadmissible | Court held the prior statements were prior inconsistent statements, not hearsay, and admissible for impeachment |
| Whether impeachment evidence was used substantively | Impeachment evidence was used properly to challenge the victim’s credibility; daughter's testimony provided substantive proof of assault | Prosecutor used impeachment as a pretext to introduce substantive evidence of guilt | Court held impeachment was properly used; prosecution relied on daughter’s testimony for substantive proof and impeachment only to attack the victim’s credibility |
Key Cases Cited
- People v Jenkins, 450 Mich. 249 (1995) (prior inconsistent statements are admissible for impeachment and are not hearsay)
- People v Stanaway, 446 Mich. 643 (1994) (limits on using impeachment evidence as a backdoor for substantive proof)
- People v Duncan, 494 Mich. 713 (2013) (standard of review for evidentiary rulings and preliminary legal questions)