Mich App LEXIS 772 (Apr 16, 2015) Murray Rights indicative of respondent’s substance abuse and lack of judgment. People v Lewis, 2015 Mich App LEXIS 448 (March 5, 2015) Judges Beckering, Borrello and Gleicher Criminal Case (2nd Degree Murder; Request for Self-Representation at Trial) Probable Cause. Defendant’s possession and use of victim’s cell phone to send text messages was one factor which created an inference that defendant played a role in the murder; it was enough to bind him over for trial. (However, the Court vacated the conviction and remanded for a new trial for other reasons.) Demski v Petlick, et al, 2015 Mich App LEXIS 457 (March 5, 2015) Judges Boonstra, Donofrio and Gleicher. (Opinion by Judge Boonstra; Dissent by Judge Gleicher.) Domestic Relations (Custody, Paternity) Probity.Text messages and Facebook posts used in a custody dispute, where the plaintiff/father said he wanted to sign off on his parental rights, were referenced by the Court in its opinion affirming sole legal custody to the defendant/mother. People v Gunn, 2015 Mich App LEXIS 273 (Feb 17, 2015) Judges Murray, Hoekstra and Wilder Criminal (Arson) Probity. Threatening text messages sent shortly before a fire were allowed as evidence. However, when a witness gave opinion testimony that the messages were death threats, the trial court sustained defendant’s objection and instructed the jury to disregard the challenged testimony. The Court held that the jury was properly left to determine on its own whether the text messages could be interpreted as death threats and there was no error that affected the outcome of the trial. People v Vinson, 2015 Mich App LEXIS 270 (Feb 12, 2015) Judges O’Connell, Sawyer and Markey Criminal (Criminal Sexual Conduct, Armed Robbery, Home Invasion, etc.) Probity. A text message to defendant, along with other evidence, could be used to show that defendant was in the victim’s apartment during a home invasion. People v Vilton, 2015 Mich App LEXIS 180 (Feb 3, 2015) Judges Murphy, Meter and Servitto Criminal (Felonious Assault, Possession of a Firearm, Felony Firearm) Admissibility. Since the Facebook messages/exchanges which were admitted into evidence were not in issue and were not an operative
indicated that respondent, during supervised visits had trouble controlling the children. During the visits, respondent used her phone extensively to photograph the children, text on Facebook and take phone calls. In re Lugo/Nunez, 2014 Mich App LEXIS 1536 (Aug 19, 2014) Judges Gleicher, Servitto and Ronayne Krause Termination of Parental Rights Probity. Evidence of posts on social media proved that although the respondent mother was ordered not to allow the father to have any contact with the children, respondent allowed access between the father and her daughters. People v Bell, 2014 Mich App LEXIS 1465 (Aug 7, 2014) Judges Beckering, Hoekstra and Gleicher Criminal (2nd Degree Murder, Felony Firearm) Relevance, Admissibility. Probable cause existed to issue a search warrant of defendant’s cell phone records, including text messages and tracking information and the trial court properly denied defendant’s motion to suppress. A text message from the defendant to his father, which said he was going to kill the victim, was admitted into evidence. People v Gaines, 306 Mich App 289; 856 NW2d 222 (2014) Judges Wilder, Fitzgerald and Markey (Opinion by Judge Wilder.) Criminal (including Criminal Sexual Conduct - Minors) Probity. Text messages were evidence of the date the crime against one of the victims occurred and of ongoing acts by the defendant. People v Prikopa, 2014 Mich App LEXIS 1344 (July 22, 2014) Judges Boonstra, Meter and Servitto Criminal (Child Sexually Abusive Material) Admissibility. Testimony about the witness/girlfriend, receiving threatening text messages from defendant, after the witness called the police, was not a violation of MRE 404(b) - other acts evidence. The testimony challenged by defendant was not introduced for other acts, but to rehabilitate the witness’ credibility and was admissible. Anderson v Johnson, 2014 Mich App LEXIS 1284 (July 8, 2014) Judges Sawyer, Meter and Fort Hood PPO (Criminal Contempt) Probity. The Court held that text messages were unauthorized contact and sufficient evidence that appellant was in criminal contempt for violation of the terms of a PPO against him.
found statutory grounds for terminating respondent’s parental rights. In the Matter of Arce/Logan, 2014 Mich App LEXIS 1159 (June 19, 2014) Judges Cavanagh, Owens and Stephens Termination of Parental Rights Probity. The Court said that text messages from the grandmother to the case worker were used to show that: the minor child’s (“KA”) statements that her “daddy” hurt her were inadmissible because it appeared that the grandmother encouraged KA to make those statements. Also, the record, including a text message, supported the fact that respondent either caused the minor child’s injuries or failed to prevent them from occurring. Manssur v Manssur, 2014 Mich App LEXIS 1074 (June 10, 2014) Judges Jansen, Murray and Boonstra Domestic Relations (Custody) Probity. In a case regarding a change of sole legal custody of two minor children to plaintiff, Facebook posts were merely used in the parties’ arguments. The defendant argued that he was concerned with plaintiff’s parenting for a number of reasons, including that plaintiff posts photos of the children on Facebook and, plaintiff admitted to saying things about the defendant on Facebook. People v Liles, 2014 Mich App LEXIS 1036 (June 5, 2014) Judges Riordan, Donofrio and Fort Hood Criminal (Conspiracy to Commit Armed Robbery) Probity. The Court ruled that evidence that defendant confessed to deleting text messages was used to support a change in sentencing (showing that she interfered with the administration of justice) and could also be used to show defendant conspired to commit armed robbery (a reasonable jury could infer that the deleted text messages contained pertinent information of the planned robbery). People v 2014 Mich App LEXIS 936 (May 22, 2014) Judges Cavanagh, Owens and M.J. Kelly Criminal (Assault with Intent to Murder, Felony Firearm, etc.) Admissibility. A videotape of a text message allegedly sent by a witness to defendant’s stepfather probably wasn’t admissible due to hearsay (defendant’s counsel decided not to seek admission