People v. Lane
308 Mich. App. 38
| Mich. Ct. App. | 2014Background
- Bianca Jones, age two, disappeared in December 2011; Lane, Bianca’s father, had temporary custody during part of the relevant period.
- Bianca primarily lived with her mother and maternal relatives in Detroit; Lane lived with Dungey’s household with Bianca’s younger sister during the period in question.
- Lane allegedly disciplined Bianca with a homemade paddle and various punishments, and eyewitnesses described escalating frustration with Bianca’s toilet-training accidents.
- On December 2, 2011, Bianca was placed in Lane’s car with a blanket over her head; she was not recovered, and Lane later claimed a carjacking.
- Cadaver dog evidence linked scent to Bianca’s car, a car seat, and a blanket, and DNA evidence matched Bianca’s profile on a pillow; the prosecution relied on these findings alongside circumstantial evidence to prove death and injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cadaver dog evidence admissibility under MRE 702 | Lane challenges reliability of cadaver dogs | Lane argues lack of scientific verification makes it unreliable | Admissible with proper foundation and corroboration |
| Relevance and prejudice of cadaver dog evidence | Cadaver dog evidence is probative of death and injury | Evidence could be unduly prejudicial | Not unduly prejudicial; probative to Bianca’s death and Lane’s liability |
| Sufficiency of evidence for felony murder and first-degree child abuse | Circumstantial evidence supports death and serious harm | Absence of body creates doubt | Sufficient evidence supports convictions beyond reasonable doubt |
| Prosecutorial misconduct and redaction issue during mistrial ruling | Prosecutor improperly admitted non-redacted gang history | Error was not prejudicial given curative instruction | No plain error; curative instruction adequate |
Key Cases Cited
- People v. Riemersma, 104 Mich. App. 773 (1981) (reliability framework for tracking dog evidence; corroboration by circumstantial evidence)
- People v. Norwood, 70 Mich. App. 53 (1973) (four-part test for reliability of tracking dog evidence)
- People v. Fisher, 193 Mich. App. 284 (1992) (sufficiency when absence of body or direct evidence; inferences must be supported by evidence)
- People v. Nowack, 462 Mich. 392 (2000) (death element and sufficiency of circumstantial evidence)
- People v. Unger, 278 Mich. App. 210 (2008) (ineffective assistance framework; standard of review and prejudice analysis)
- People v. Davis, 343 Mich. 348 (1955) (Frye/Davis-Frye reliability discussion for scientific evidence)