People v. Benton
294 Mich. App. 191
| Mich. Ct. App. | 2011Background
- Defendant, a former elementary school teacher, was convicted of two counts of first-degree CSC against a 12-year-old former student and sentenced to concurrent terms of 25–38 years.
- The victim, a student with prior behavior issues, was exposed to defendant after initial disciplinary actions and continued contact at defendant's home and mosque.
- The victim and defendant progressed from hugging to kissing to sexual intercourse on two occasions in October 2007; a recorded call indicated the victim’s affection for a grown woman.
- The school board terminated defendant from teaching, a decision upheld by the tenure commission.
- Defendant challenged evidentiary rulings on rape-shield grounds and the cross-examination about the tenure hearing, and challenged the mandatory 25-year minimum sentence as cruel or unusual.
- The court affirmed all convictions and the 25-year minimum sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rape-shield confrontation right admission | Orr/Hackett permits limited cross-examination | Excluded evidence violated confrontation rights | No abuse of discretion; evidence properly excluded |
| Admission of tenure hearing cross-examination | Question admissible as door-opening from direct exam | Unfair prejudice; improper to imply guilt | No reversible error; harmless; door opened by defense |
| Constitutionality of 25-year minimum CSC-I sentence | Penalty appropriate under public policy | Sentence cruel/unusual due to offender's profile | Constitutionality sustained; penalty not cruel or unusual |
Key Cases Cited
- People v Orr, 275 Mich App 587 (2007) (abuse of discretion review for evidentiary rulings; de novo for law)
- People v Dobek, 274 Mich App 58 (2007) (evidentiary and structural standard; review of rulings)
- People v Breeding, 284 Mich App 471 (2009) (confrontation rights under rape-shield context)
- People v Hackett, 421 Mich 338 (1984) (limits on rape-shield like exceptions to confrontation)
- People v Morse, 231 Mich App 424 (1998) (balancing rape-shield rights; prejudice vs probative value)
- In re Hildebrant, 216 Mich App 384 (1996) (gravity of offense; policy supporting strict liability in statutory rape)
- People v Bullock, 440 Mich 15 (1992) (three-pronged proportionality test for cruel/unusual punishment)