People v. Ryan
295 Mich. App. 388
| Mich. Ct. App. | 2012Background
- Defendant charged with nine counts of first-degree CSC (victim under 13) based on acts with his daughter.
- Convicted on seven CSC-1 counts; acquittal on count 1 and directed verdict on count 2.
- Sentences: 25–50 years on each of seven CSC-1 convictions; 25-year minimum statute requires; all sentences run concurrently except count 9 to run consecutive to count 3, yielding a 50-year minimum.
- The trial court found counts 3 and 9 arose from the same transaction, normalizing consecutive sentencing under MCL 750.520b(3).
- Defendant challenged consecutive sentencing and denial of suppression motion; the court affirmed the convictions and sentences, including the consecutive terms, after a Walker hearing on the confession.
- Interviews on March 1, 2, and 3, 2010; confession obtained on March 3 after the police waived Miranda rights; confession and voluntariness contested but Court found confession voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive sentencing under MCL 750.520b(3) | Murphy argues CSC-1 counts 3 and 9 are not properly treated as “any other criminal offense.” | Murphy contends statute ambiguous; counts CSC-1 cannot justify consecutive because same transaction with same offense. | Statute unambiguous; counts 3 and 9 arose from same transaction and CSC-1 counts may be consecutive. |
| Voluntariness of confession and Miranda waiver | Murphy claims confession involuntary due to pain/denied medical care and threats. | Police coercion or deception led to confession. | Confession voluntary; Miranda waiver voluntary under totality of circumstances. |
Key Cases Cited
- People v Tierney, 266 Mich App 687 (2005) (voluntariness review; credibility of witnesses governed by trial court)
- People v Cipriano, 431 Mich 315 (1988) (test for voluntariness in confessions)
- People v Daoud, 462 Mich 621 (2000) (Miranda waiver voluntariness as due-process inquiry)
- People v Flick, 487 Mich 1 (2010) (statutory interpretation; standard for consecutive sentencing scope)
- People v Morris, 450 Mich 316 (1995) (broad interpretation of “another felony” for consecutive sentencing)
- People v Johnson, 474 Mich 96 (2006) (definition of arising out of for OV-11 and connectivity)
- People v Ochotski, 115 Mich 601 (1898) (same transaction concept supporting multiple offenses)