People of Michigan v. Randall Lee Newman II, 358446

Defendant Randall Lee Newman II was convicted by a jury of two counts of first-degree criminal sexual conduct (CSC) related to the sexual abuse of his young biological daughter.
The case involved testimony from the minor victim, who described sexual assaults allegedly committed by Newman and referenced potential coaching by her foster mother.
Defense counsel was replaced multiple times pre-trial, there were significant COVID-19-related trial delays, and defendant asserted—but also agreed to—some continuances.
Key evidence included the victim’s testimony, disclosures to an examining doctor (Dr. Labian), and forensic interviews regarding both the victim and her siblings, with other-acts evidence admitted under MCL 768.27a.
On appeal, Newman raised claims of ineffective assistance of counsel (failure to consult experts, failure to properly impeach, failure to review evidence), a Brady violation (alleged failure to disclose forensic interviews), speedy trial violations, ADA accommodation failures, and improper consecutive sentencing.
The Court affirmed the convictions but found error in the imposition of consecutive sentences, remanding solely for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy Trial Rights/180-Day Rule	Delay due to COVID, not prosecution fault	Delay prejudiced defense and violated statute/Constitution	Delay primarily due to pandemic/counsel changes; no prejudice shown
Brady Violation (Discovery)	Prosecutor provided all discovery, including videos	Prosecutor suppressed critical forensic interview videos	No suppression; evidence was provided to defense
Ineffective Assistance of Counsel	Defense failed to review evidence/consult experts	Defense’s actions prejudiced a fair trial	Deficient performance, but no prejudice; outcome would not differ
Other-Acts Evidence (MCL 768.27a)	Allowed to introduce other-acts evidence	Statute unconstitutional; evidence unfairly prejudicial	Statute controls; evidence properly admitted
ADA/Accommodations	No evidence of impairment requiring accommodation	Defendant’s hearing was impaired and unaccommodated	No plain error; no evidence defendant couldn’t hear or participate
Consecutive Sentencing	Sentence imposed as separate for each count	Sentences should be concurrent; not same transaction	Sentences must be vacated and remanded for resentencing

People v. Williams, 475 Mich 245 (Mich. 2006) (sets standards for reviewing speedy trial claims and when prejudice is presumed)
Brady v. Maryland, 373 US 83 (U.S. 1963) (establishes requirement that prosecution disclose material exculpatory evidence)
People v. Douglas, 496 Mich 557 (Mich. 2014) (clarifies admissibility and use of preliminary examination testimony)
People v. Norfleet, 317 Mich App 649 (Mich. Ct. App. 2016) (on discretion and record articulation for consecutive sentencing)
People v. Bailey, 310 Mich App 703 (Mich. Ct. App. 2015) (defines same-transaction standard for consecutive sentencing in CSC cases)
People v. Ackley, 497 Mich 381 (Mich. 2015) (on ineffective assistance and the duty to consult expert witnesses when reasonable)
People v. Carines, 460 Mich 750 (Mich. 1999) (plain error review standard)
People v. Chenault, 495 Mich 142 (Mich. 2014) (Brady test adopted in Michigan)