846 N.W.2d 412
Mich. Ct. App.2014Background
- January 30, 2011: defendant allegedly took a rifle into his estranged wife Michelle Szabo's home; Michael was present and shot in the arm; Szabo was not shot.
- Police investigated; two walls had bullet holes; defendant initially charged with felonious assault and felony-firearm regarding Michael and assault against Szabo.
- Preliminary examination in district court (Feb 14, 2012); spousal privilege issue raised; Szabo testified; Michael’s felonious charges dismissed without prejudice.
- Defendant moved to quash/dismiss, arguing Szabo was compelled to testify despite privilege; Szabo's affidavit indicated she invoked no fear and did not want to testify.
- Circuit court granted the motion, finding Szabo could not be compelled to testify; prosecution appealed.
- Court reverses and remands for reinstatement of charges, holding that MCL 600.2162(3)(d) does not allow compelling Szabo to testify against defendant; spousal privilege does not apply here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MCL 600.2162(3)(d) bar spousal privilege here? | People argues the personal wrong exception negates privilege. | Szabo argues privilege barred testimony. | Privilege does not apply; testimony may be compelled; charges reinstated. |
| Who may testify when 3(d) applies? | People contends no privilege in this scenario; witness-spouse not protected. | Szabo asserts exception transfers control of privilege? | Victim/witness spouse not required to testify; statute reading controls; no transfer of privilege. |
| Is de novo review proper for statutory interpretation here? | People relies on statutory language to defeat privilege. | Szabo argues legislative intent supports privilege. | Court conducts de novo review of statutory interpretation. |
Key Cases Cited
- People v Love, 425 Mich 691 (1986) (personal-wrong exception to spousal privilege; whether compelled testimony allowed varies by context; plurality discussions)
- People v Sykes, 117 Mich App 117 (1982) (permits testimony when exception applies; victim-spouse may testify or privilege applied)
- People v Ellis, 174 Mich App 139 (1988) (previous spousal privilege framework; compelled testimony in certain cases)
- People v Warren, 462 Mich 415 (2000) (amended statute; scope of personal-wrong exception in third-party crimes)
- People v Cole, 491 Mich 325 (2012) (statutory construction; enforce plain language of MCL 600.2162)