History
  • No items yet
midpage
20251114_C369338_48_369338C.Opn.Pdf
20251114
| Mich. Ct. App. | Nov 14, 2025
|
Check Treatment

*1 If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, FOR PUBLICATION

Plaintiff-Appellee, November 14, 2025 9:14 AM v No. 369338

Otsego Circuit Court DAVID JOSEPH ROHM, LC No. 2023-006494-FC

Defendant-Appellant. Before: G ADOLA , C.J., and B OONSTRA and S WARTZLE , JJ.

S WARTZLE , J. ( concurring ).

I obviously concur in the majority opinion that I authored. I write separately to reiterate my jeremiad against the use of the term “victim” to refer to a complainant in a case like this one, in open court before the jury, prior to any finding of guilt. People v Aikens , ___ Mich App ___, ___; ___ NW3d ___ (2025) (S WARTZLE , J, concurring). Here, the prejudicial effect of the term’s usage was dampened by the trial court’s instruction during voir dire that the jurors should understand that the term “victim” actually meant “alleged victim,” at least before the jury decided whom to believe after the close of proofs.

/s/ Brock A. Swartzle -1-

Case Details

Case Name: 20251114_C369338_48_369338C.Opn.Pdf
Court Name: Michigan Court of Appeals
Date Published: Nov 14, 2025
Docket Number: 20251114
Court Abbreviation: Mich. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.