of the videotape). Judges Gleicher, Borrello and Termination of Parental Probity. The trial court record, which addressed a In the Matter of Smith, 2014 Mich App LEXIS Servitto Rights number of issues, including evidence of respondent’s 899 (May 20, 2014) mental health issues (illustrated by threatening text messages sent from respondent to the DHS foster care specialist), warranted parental termination on statutory grounds. 2014 Judges Fitzgerald, Saad and Criminal (1st Degree Juror Misconduct. The Court held that the trial court People v Levack, Mich App LEXIS 880 Whitbeck Murder, Home Invasion, did not err when it refused to grant defendant a (May 20, 2014) Witness Intimidation) mistrial when a juror used Google Maps during the deliberations. The jury informed the trial court that it considering that information and the trial wasn’t court gave a timely instruction to disregard the extrinsic evidence. The 6th Amendment defendant’s rights were not violated. 2014 Judges Gleicher, Borrello and Criminal (Child Sexually Probity. Reference, only, was made in the opinion to People v Pomeroy, Mich App LEXIS (May Servitto Abusive Activity) testimony about text messages from mother victim’s 15, 2014) to defendant, telling defendant she had found his SD card with naked photos of her minor daughter. 2014 Mich Judges Meter, and Criminal (Threatening a Admissibility. The Court held that the trial court People v Isom, O’Connell App LEXIS 743 (Apr 22, Shapiro Witness) erred in admitting certain Facebook posts by 2014) defendant into evidence. The trial court initially refused to admit the posts on the grounds they could not be authenticated; however, after defendant acknowledged she had a Facebook account, the trial court allowed the prosecutor to question defendant on the posts she admitted to making. Since the Facebook posts were irrelevant to determining whether defendant made threatening phone calls to the victim/witness, they should have been excluded under MRE 401, 402. However, defendant was not entitled to reversal on that basis.
of the videotape). In the Matter of Smith, 2014 Mich App LEXIS 899 (May 20, 2014) Judges Gleicher, Borrello and Servitto Termination of Parental Rights Probity. The trial court record, which addressed a number of issues, including evidence of respondent’s mental health issues (illustrated by threatening text messages sent from respondent to the DHS foster care specialist), warranted parental termination on statutory grounds. People v Levack, 2014 Mich App LEXIS 880 (May 20, 2014) Judges Fitzgerald, Saad and Whitbeck Criminal (1st Degree Murder, Home Invasion, Witness Intimidation) Juror Misconduct. The Court held that the trial court did not err when it refused to grant defendant a mistrial when a juror used Google Maps during the deliberations. The jury informed the trial court that it wasn’t considering that information and the trial court gave a timely instruction to disregard the extrinsic evidence. The defendant’s 6th Amendment rights were not violated. People v Pomeroy, 2014 Mich App LEXIS (May 15, 2014) Judges Gleicher, Borrello and Servitto Criminal (Child Sexually Abusive Activity) Probity. Reference, only, was made in the opinion to testimony about text messages from victim’s mother to defendant, telling defendant she had found his SD card with naked photos of her minor daughter. People v Isom, 2014 Mich App LEXIS 743 (Apr 22, 2014) Judges Meter, O’Connell and Shapiro Criminal (Threatening a Witness) Admissibility. The Court held that the trial court erred in admitting certain Facebook posts by defendant into evidence. The trial court initially refused to admit the posts on the grounds they could not be authenticated; however, after defendant acknowledged she had a Facebook account, the trial court allowed the prosecutor to question defendant on the posts she admitted to making. Since the Facebook posts were irrelevant to determining whether defendant made threatening phone calls to the victim/witness, they should have been excluded under MRE 401, 402. However, defendant was not entitled to reversal on that basis.