[other] sufficient evidence to convict the defendant. 2014 Judges Cavanagh, Jansen and Criminal (Aggravated Probity. Evidence of text messages from defendant to People v Mather, Mich App LEXIS 1889 Ronayne Krause Stalking) complainant, sent after a no-contact order was (Oct 14, 2014) entered, constituted unreasonable contact/aggravated stalking. A trier of fact could find, beyond a reasonable doubt that the text messages constituted unconsented contact. 2014 Judges Shapiro, Whitbeck and Criminal (Home Ineffective Assistance. There was no factual People v Coates, Mich App LEXIS 1823 Stephens Invasion, Larceny in a predicate for claims for ineffective defendant’s (Sept 25, 2014) Building, etc.) assistance of counsel, including the claim that counsel failed to conduct a reasonable investigation with regard to text messages that would have shown that the victim was lying about her communications with defendant before the offense. Judges Hoekstra, Wilder and Criminal (2nd Degree Admissibility. The Court held that reference to a People v Ursery, et al, 2014 Mich App LEXIS Fort Hood Murder; Felony Firearm) Facebook photo was not used to prove defendant’s (Sept 11, 2014) character. In this case, a question by defendant counsel to a police witness, about whether he Davis’ found a photo of defendant on Facebook, prompted the response that the officer had previous contact with Davis. Davis waived any error concerning admission of that evidence and even if not waived, that testimony was not to prove his character but to demonstrate how he was identified as a suspect. 2014 Judges Owens, Borrello and Criminal (2nd Degree Probity. The Court affirmed that threatening text People v Mercer, Mich App LEXIS 1602 Gleicher Murder, Tampering With messages from one of the victims, received hours (Aug 28, 2014) Evidence, Arson) before the shooting, did not justify the use of deadly force. Judges Murphy, Whitbeck Termination of Parental Probity. The Court affirmed the trial order In the matter of court’s and Talbot Rights parental rights. Barnett/Pagan-Barnett, terminating respondent/mother’s 2014 Mich App LEXIS There was no evidentiary issue about social media; 1593 (Aug 26, 2014) testimony at the parental termination hearing
[other] sufficient evidence to convict the defendant. People v Mather, 2014 Mich App LEXIS 1889 (Oct 14, 2014) Judges Cavanagh, Jansen and Ronayne Krause Criminal (Aggravated Stalking) Probity. Evidence of text messages from defendant to complainant, sent after a no-contact order was entered, constituted unreasonable contact/aggravated stalking. A trier of fact could find, beyond a reasonable doubt that the text messages constituted unconsented contact. People v Coates, 2014 Mich App LEXIS 1823 (Sept 25, 2014) Judges Shapiro, Whitbeck and Stephens Criminal (Home Invasion, Larceny in a Building, etc.) Ineffective Assistance. There was no factual predicate for defendant’s claims for ineffective assistance of counsel, including the claim that counsel failed to conduct a reasonable investigation with regard to text messages that would have shown that the victim was lying about her communications with defendant before the offense. People v Ursery, et al, 2014 Mich App LEXIS (Sept 11, 2014) Judges Hoekstra, Wilder and Fort Hood Criminal (2nd Degree Murder; Felony Firearm) Admissibility. The Court held that reference to a Facebook photo was not used to prove defendant’s character. In this case, a question by defendant Davis’ counsel to a police witness, about whether he found a photo of defendant on Facebook, prompted the response that the officer had previous contact with Davis. Davis waived any error concerning admission of that evidence and even if not waived, that testimony was not to prove his character but to demonstrate how he was identified as a suspect. People v Mercer, 2014 Mich App LEXIS 1602 (Aug 28, 2014) Judges Owens, Borrello and Gleicher Criminal (2nd Degree Murder, Tampering With Evidence, Arson) Probity. The Court affirmed that threatening text messages from one of the victims, received hours before the shooting, did not justify the use of deadly force. In the matter of Barnett/Pagan-Barnett, 2014 Mich App LEXIS 1593 (Aug 26, 2014) Judges Murphy, Whitbeck and Talbot Termination of Parental Rights Probity. The Court affirmed the trial court’s order terminating respondent/mother’s parental rights. There was no evidentiary issue about social media; testimony at the parental termination hearing