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149372 - People v Dennis Lee Tomasik

The People of the State of Michigan,
 
Kimberly M. Manns
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Kent – Johnston, D.)
 
Dennis Lee Tomasik,
 
Kristoffer W. Tieber
F. Martin Tieber
 
Defendant-Appellant.
 

Summary

     Defendant Dennis Lee Tomasik was convicted of two counts of first-degree criminal sexual conduct.  On appeal, he challenged the prosecutor’s presentation of expert testimony on child sexual abuse accommodation syndrome, and as well as the presentation of an unredacted recording of his interrogation.  Tomasik also argued that he was entitled to a new trial based on newly discovered evidence of the complainant’s counseling records, and his trial counsel’s ineffective assistance.  The Court of Appeals affirmed Tomasik’s convictions in an unpublished per curiam opinion.  On March 25, 2015, the Court granted leave to appeal to consider:  (1) whether the trial court erred by admitting the entire recording of Tomasik’s interrogation in light of People v Musser, 494 Mich 337 (2013); (2) whether the trial court erred in admitting the expert’s testimony regarding child sexual abuse accommodation syndrome under MRE 702, and People v Kowalski, 492 Mich 106 (2012); and (3) whether the trial court erred in denying Tomasik’s motion for a new trial based on newly disclosed impeachment evidence in light of People v Grissom, 492 Mich 296 (2012).