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People v. DerMartzex

390 Mich. 410 (Mich. 1973)
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People v. DerMartzex

131 Citing cases

  1. People v. Prange

    No. 365009 (Mich. Ct. App. Mar. 7, 2024)

    When a case's outcome hinges upon a minor witness's credibility, it may be proper for a prosecutor to inquire into additional uncharged offenses committed by the defendant, particularly in the context of sexual abuse. See People v DerMartzex, 390 Mich. 410, 414-415; 213 N.W.2d 97 (1973). In DerMartzex, id. at 412, the defendant was on trial for assault with intent to rape the victim, a minor girl.

  2. People v. Engelman

    434 Mich. 204 (Mich. 1990)   Cited 47 times
    Explaining the permissible uses of other-bad-acts evidence, including identity evidence

    Nor, under existing precedent, can the photograph be received as evidence "corroborative" of the victim's testimony. The prosecution refers to our decision in People v DerMartzex, 390 Mich. 410; 213 N.W.2d 97 (1973), in which this Court found admissible evidence of other acts of sexual intercourse between the defendant and the victim to corroborate the victim's testimony, when to exclude such evidence would make the victim's testimony seem incredible, and suggests that we find a similar use for the other acts evidence in this case. However, this Court has already declined to extend the DerMartzex rule once to cases involving prior acts between the defendant and persons other than the complainant.

  3. People v. Arenda

    416 Mich. 1 (Mich. 1982)   Cited 113 times
    Holding evidence of prior sexual abuse of eight-year-old boy had minimal relevance because ability to describe sexual conduct need not be acquired solely through sexual conduct, unlike evidence of pregnancy, semen, or disease, and reasoning that potential prejudice from the admission of such evidence is great, a blanket exception for its admission would "swallow the rule," child victims are among the persons whom the rape shield statute was designed to protect, and there are other means by which one can inquire into the source of knowledge without producing evidence of sexual conduct with others

    Defendant was convicted of three counts of first-degree criminal sexual conduct arising out of alleged sexual assaults upon his eight-year-old son during which the boy was made to perform acts of fellatio. The trial court admitted testimony offered by the prosecutor of prior acts of fellatio between defendant and the victim, relying on People v DerMartzex, 390 Mich. 410; 213 N.W.2d 97 (1973), but refused to admit testimony offered by the defendant of prior acts of fellatio between the victim and other persons, relying on MCL 750.520j; MSA 28.788(10). The Court of Appeals reversed defendant's conviction, holding that it was error to admit the similar-acts evidence offered by the prosecutor.

  4. People v. Golochowicz

    413 Mich. 298 (Mich. 1982)   Cited 169 times
    Holding that trial court should require the prosecutor to "identify the specific basis in the rule justifying its admission"

    MCL 768.27; MSA 28.1050." People v DerMartzex, 390 Mich. 410, 413; 213 N.W.2d 97 (1973). See also People v Dean, 253 Mich. 434; 235 N.W. 211 (1931); People v Schweitzer, 23 Mich. 301 (1871).

  5. People v. Duncan

    402 Mich. 1 (Mich. 1977)   Cited 137 times
    In Duncan, however, the defendants were charged with conspiracy to do a legal act in an illegal manner, MCL 750.157a; MSA 28.354(1), and solicitation of a bribe, MCL 750.505; MSA 28.773.

    It is well settled that the determination of whether the probative value of similar acts testimony is substantially outweighed by its unfairly prejudicial effect is within the sound discretion of the trial judge. See People v DerMartzex, 390 Mich. 410; 213 N.W.2d 97 (1973), and authority cited therein. Like the Court of Appeals, we recognize the potentially inflammatory impact of testimony linking police officers with narcotics dealers.

  6. People v. Puroll

    195 Mich. App. 170 (Mich. Ct. App. 1992)   Cited 8 times

    We disagree. People v DerMartzex, 390 Mich. 410; 213 N.W.2d 97 (1973); People v Dreyer, 177 Mich. App. 735; 442 N.W.2d 764 (1989). Further, MRE 404(b) specifically provides for the admission of evidence of other crimes, wrongs, or acts that occurred after the conduct at issue in the case.

  7. People v. Arenda

    97 Mich. App. 678 (Mich. Ct. App. 1980)   Cited 6 times

    There is also an exception to the general rule barring similar acts testimony in sexual cases, which allows a complainant to testify regarding other sexual acts committed against him or her by the accused. See People v DerMartzex, 390 Mich. 410, 413-415; 213 N.W.2d 97 (1973). This would normally allow the infant complainant to testify as to prior acts.

  8. People v. Drew

    268 N.W.2d 284 (Mich. Ct. App. 1978)   Cited 10 times

    The prosecutor stayed within these bounds by limiting his reference in regard to defendant's prior convictions to the issue of defendant's credibility. See People v DerMartzex, 390 Mich. 410; 213 N.W.2d 97 (1973). Defendant's final allegation of error concerns an instruction given by the trial court which was first requested and later withdrawn by defense counsel.

  9. People v. Wilkins

    82 Mich. App. 260 (Mich. Ct. App. 1978)   Cited 75 times
    In People v Wilkins, 82 Mich. App. 260, 267-268; 266 N.W.2d 781 (1978), the Court defined three criteria for admission of evidence of prior similar acts: (1) that there be substantial evidence of the defendant's commission of the previous offense; (2) that there be some special circumstances of the previous act probative of the elements of the present charge; and (3) that the defendant's motive, intent, absence of mistake or accident, scheme, plan or system be material to the defendant's guilt of the present offense.

    In Michigan, evidence of a defendant's other bad acts is generally inadmissible because its probative value is outweighed by the likelihood that it will prejudice the jury against the defendant, preventing an objective determination of the disputed factual issues. People v Oliphant, 399 Mich. 472; 250 N.W.2d 443 (1976), People v DerMartzex, 390 Mich. 410; 213 N.W.2d 97 (1973). "This rule of law guards against convicting an accused person because he is a bad man.

  10. People v. Khan

    80 Mich. App. 605 (Mich. Ct. App. 1978)   Cited 37 times
    In People v Khan, 80 Mich. App. 605, 619 n 5; 264 N.W.2d 360 (1978), this Court described consent to a sexual act as "a willing, noncoerced act of sexual intimacy or intercourse between persons of sufficient age who are neither 'mentally [disabled],' 'mentally incapacitated,' nor 'physically helpless.' "

    Accordingly, we rule that testimony concerning the rifle constituted relevant and material evidence, People v Oliphant, 399 Mich. 472, 488-489; 250 N.W.2d 443 (1976), properly admitted in the trial court's discretion. Id. at 490, People v DerMartzex, 390 Mich. 410, 415; 213 N.W.2d 97 (1973). Complainant's mother, father and the examining physician testified that a reddish bruise appeared along complainant's face and neck.