996 N.W.2d 492
Mich. Ct. App.2018Background
- Defendant (mother’s boyfriend) lived in home and sexually assaulted the victim multiple times when she was 12–13; charges included three counts of first‑degree CSC and one count of second‑degree CSC.
- Four indecent photographs of the victim were recovered from defendant’s phone; prosecution sought to admit a subset of photos.
- A sexual‑assault nurse (Katrina Sadowski), not SANE‑certified, examined the victim and testified at trial.
- Jury convicted defendant on all charged counts; trial court imposed life for one CSC‑I (victim <13) and lengthy concurrent terms for other counts.
- On appeal defendant raised: admission of photographs, qualification/admission of nurse’s testimony, and alleged inaccuracies on the PSIR cover sheet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of indecent photos | Photos are relevant and corroborative of the victim’s testimony and defendant’s conduct | Photos were unduly prejudicial and should be excluded under MRE 403 | Admit photos limited to those where victim identified herself and defendant’s hand; probative value outweighed prejudice |
| Qualification/admission of nurse as expert | Nurse’s training, experience, and exams qualified her under MRE 702; testimony aided jury | Nurse lacked state SANE certification; certain testimony improperly bolstered victim credibility or exceeded expertise | Nurse properly qualified despite no SANE certification; testimony on lack of injury admissible as expert, body‑language testimony admissible as lay perception (MRE 701) |
| PSIR cover sheet error | N/A (prosecution responds that PSIR reflected maximum statutory exposure pre‑sentencing) | Cover sheet lists life for Counts 2 and 3 contrary to imposed 10–40 year sentences; requests correction/remand | No plain error: cover sheet reflected statutory maximum pre‑sentencing; amended judgment controls actual sentence |
Key Cases Cited
- Knox v. People, 469 Mich. 502 (preservation rule for evidentiary objections)
- Carines v. People, 460 Mich. 750 (plain‑error review standard for unpreserved constitutional claims)
- Gayheart v. People, 285 Mich. App. 202 (photograph admissibility — relevance vs. prejudice)
- Howard v. People, 226 Mich. App. 528 (graphic photos admissible if probative and not solely to inflame jury)
- Denson v. People, 500 Mich. 385 (abuse‑of‑discretion standard for evidentiary rulings)
- McLaughlin v. People, 258 Mich. App. 635 (expert testimony about typical absence of injury in sexual assaults admissible)
- Dixon‑Bey v. People, 321 Mich. App. 490 (standard for qualifying experts and admitting expert testimony)
- Grant v. People, 455 Mich. 221 (PSIR information presumed accurate unless effectively challenged)
- Lloyd v. People, 284 Mich. App. 703 (PSIR accuracy and remedies; timing of PSIR preparation)