People of Michigan v. Paul Edward Miller, 331773

Background

Defendant Paul Edward Miller was convicted by a jury of multiple sexual-offense charges involving two related victims under age 13 (CAM and CHM): four counts CSC I, seven counts CSC II, distribution of sexually explicit material to a minor, four counts using a computer to commit a crime, and four counts possession of child sexually abusive material. Sentences were concurrent long-term prison terms.
Prosecution evidence: testimony from the two child victims, forensic interview statements, CDs containing child sexually abusive images recovered from defendant’s locked music room, an investigating officer’s identification of the images, and two adult witnesses who testified about prior childhood abuse by defendant.
Defendant represented himself at trial with standby counsel appointed. He did not object to certain testimony (e.g., officer recounting victim statements) and did not cross-examine the child victims.
Trial court denied directed‑verdict motions; the court admitted other‑acts evidence under statutory and evidentiary rules and allowed a canine companion to sit with a child witness.
On appeal, defendant challenged sufficiency of evidence as to multiple counts, admission of other‑acts evidence, alleged prosecutorial misconduct, effectiveness of standby counsel, and certain trial procedures; the Court of Appeals affirmed in all respects.

Issues

Issue	Plaintiff's Argument (People)	Defendant's Argument (Miller)	Held
Sufficiency of evidence for CSC I/CSC II counts	Victim testimony (including prior statements), officer testimony, and circumstantial proof supported convictions for multiple penetrations and sexual contacts	Insufficient proof of penetration/multiple acts; victims denied or were uncertain about penetration occurrences	Affirmed — viewed in light most favorable to prosecution, circumstantial evidence and victims’ testimony supported the multiple convictions
Possession/distribution and use-of-computer counts	CDs with child‑sexual images found in locked music room, CDs labeled in defendant’s handwriting, defendant controlled room and made CDs — supports possession, distribution, and use of computer offenses	No direct proof defendant downloaded images or did so multiple times; at most one possession conviction	Affirmed — circumstantial evidence supported multiple possession counts and use‑of‑computer convictions; multiple distinct images = multiple offenses
Admission of other‑acts (prior abuse by adults)	Admissible under MCL 768.27a and MRE 404(b) to show plan, system, identity, absence of mistake; court gave limiting instruction	Other‑acts were remote, dissimilar, and unreliable (witnesses once denied abuse); prejudicial under MRE 403	Affirmed — remoteness goes to weight not admissibility; similarities (sexual acts against minor relatives) gave probative value that outweighed prejudice
Trial conduct, prosecutorial remarks, standby counsel, courtroom procedures (dog, podium)	Prosecutor’s remarks were proper argument; standby counsel was available; canine companion and podium restrictions were within court’s discretion and aided witness testimony	Prosecutor misstated evidence; standby counsel ineffective; dog prejudicial; movement limits hampered defense	Affirmed — no preserved objections warranting reversal; remarks not improper in context; no specific ineffective‑assistance showing; canine companion and podium rules proper and not plain error

Key Cases Cited

People v. Aldrich, 246 Mich. App. 101 (standard for directed verdict review)
People v. Szalma, 487 Mich. 708 (evidentiary sufficiency and appellate review principles)
People v. Schultz, 246 Mich. App. 695 (circumstantial evidence and reasonable inferences)
People v. Harmon, 248 Mich. App. 522 (multiple images/photographs can support multiple offenses)
People v. Watkins, 491 Mich. 450 (MCL 768.27a / MRE 403 balancing factors for other‑acts evidence)
People v. Carines, 460 Mich. 750 (plain‑error standard for unpreserved appellate claims)