People v. Eisen
296 Mich. App. 326
Mich. Ct. App.2012Background
- Defendant appealed convictions on three counts of first-degree criminal sexual conduct (CSC) and one count of third-degree CSC; acquitted on a fourth first-degree CSC; sentenced 210–540 months for each first-degree and 120–180 months for third-degree CSC.
- Victim born November 10, 1993, with a learning disability; she was repeatedly sexually assaulted over years by defendant.
- Victim moved into the same trailer park as defendant after meeting his daughter; mother dated defendant; all lived together.
- DNA semen found at the scene matched defendant; trial counsel stipulated to the match, waiving statistical testimony; no error for us to review.
- Trial instructions omitted an element (victim’s age under 13) orally for three first-degree CSC charges, but the verdict form included the age element; issue analyzed for ineffective assistance.
- Court found the error was plainly erroneous but not reversible given the verdict form and overwhelming proof on most charges; affirmance of convictions and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the DNA statistics testimony was required given the stipulation | Carter premise; statistics should have been offered | Stipulation waives need for statistics | No error reviewable; stipulation controls |
| Whether the jury instructions incorrectly omitted age element for three CSC counts | Plain error in oral instructions | Counsel should have objected; but defense approved instructions | Plain error occurred; not reversible due to verdict form and evidence |
| Whether there was sufficient evidence to support the CSC convictions | Evidence supported each element | Challenged credibility and some details | Sufficient evidence; convictions upheld |
| Whether cumulative error requires reversal | Multiple errors aggregate prejudice | Errors were cumulative | No reversible cumulative error because only one error found |
Key Cases Cited
- People v Carter, 462 Mich 206 (2000) (stipulation can waive error; review limited to preserved issues and waiver)
- People v Solmonson, 261 Mich App 657 (2004) (effective assistance presumed; burdens on defendant to prove otherwise)
- People v Moorer, 262 Mich App 64 (2004) (counsel not required to raise meritless objections; strategy matters)
- Kowalski v. State, 489 Mich 488 (2011) (trial counsel approved instructions; ineffective-assistance consideration appropriated)
- People v Wade, 283 Mich App 462 (2009) (verdict form treated as part of jury instructions; review in their entirety)