People v. Nix
301 Mich. App. 195
| Mich. Ct. App. | 2013Background
- Defendant Paul William Nix was convicted of two counts of second-degree child abuse and one count of third-degree fleeing and eluding after a high-speed chase involving deputies.
- Two young children were in the vehicle during the chase and were not restrained by seatbelts or child safety seats.
- The chase covered about 24 miles, with speeds up to 100 mph, dangerous driving, and police maneuvers including stop sticks and boxed-in maneuvers.
- The pursuit ended with a crash at the Crystal Mountain Alpine Slide; deputies later found no child seats in the vehicle.
- An Arkansas state trooper arrested defendant a week later while attempting to flee to Mexico with his wife and children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for likely harm under second-degree child abuse | Nix argued evidence did not show likely harm | Prosecution failed to prove likelihood of serious harm | Sufficient evidence showed probable risk of serious harm to children |
| Scoring OV 13 with dismissed felonious assault | All prior crimes within 5 years may be counted under OV 13 | Dismissed charges cannot be used to score OV 13 | Court properly scored OV 13 using prior act within 5-year window regardless of conviction |
| Arraignment in circuit court | Waiver did not preserve rights | Arraignment absence prejudiced defendant | No prejudice shown; arraignment waived and notice sufficient |
Key Cases Cited
- Moll v. Abbott Laboratories, 444 Mich 1 (1993) (defines 'likely' as probable; informs causation standard)
- People v. Goecke, 457 Mich 442 (1998) (defines 'likelihood' of harm in serious-m harm context)
- People v. Ortiz, 249 Mich App 297 (2002) (evidence sufficiency standard for criminal offenses)
- People v. Francisco, 474 Mich 82 (2006) (OV 13 counting across 5-year window; supports including prior charges)
- People v. McGraw, 484 Mich 120 (2009) (limits on considering dismissed offenses for OV scoring; shows OV scope can extend beyond sentencing offense)
- People v. Drohan, 475 Mich 140 (2006) (courts may consider dismissed charges if supported by preponderance of evidence)