|
No. 135989
| The People of the State of Michigan, |
|
Gregory J. Babbitt |
Plaintiff-Appellant, |
|
|
| v |
(Appeal from Ct of Appeals) |
|
|
(Ottawa - Bosman, C. ) |
|
|
| Michael Allen Miller, |
|
Gary L. Kohut |
| Defendant-Appellee. |
|
|
| __________________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Prosecuting Attorneys Association of Michigan's Amicus Curiae Brief>>
Wayne County Prosecutor's Office's Amicus Curiae Brief>>
Background
Michael Allen Miller was charged with forcing his girlfriend’s seven-year-old daughter to perform oral sex on him; he was convicted of one count of first-degree criminal sexual conduct (CSC) following a two-day jury trial. Miller’s attorney later learned that a juror on the case – who denied ever having been a defendant in a criminal case in his jury questionnaire – was a registered sex offender. At a hearing on Miller’s request for a new trial, the juror acknowledged that he had two CSC convictions and was required to register with the Michigan Public Sexual Offender Registry; one of his victims was his sister and the other was his adopted child. The juror also admitted that he gave false answers in his jury questionnaire, but claimed that he tried to be fair during the trial, and that he never tried to persuade the jury in any particular way due to his personal history. At the conclusion of the evidentiary hearing, the trial judge denied Miller’s motion for a new trial, stating “There is no evidence presented at this hearing or anything from any other source that [the juror’s] presence on the jury resulted in actual prejudice to the defendant.” In an unpublished per curiam opinion, the Court of Appeals reversed. The appellate court held that Miller was not afforded a fair and impartial jury, and suffered prejudice as a result; the court remanded the case to the trial court for a new trial. The prosecutor appeals.
Top of Page
|
