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155747-8 - People v Lovell Charles Sharp

The People of the State of Michigan,
 
Madonna Georges Blanchard
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Walker, S.)
 
Lovell Charles Sharpe,
 
Syed Ahmadul Huda
 
Defendant-Appellant.
 

Summary

Defendant is charged with various criminal sexual conduct offenses. The prosecutor filed a pretrial motion to admit evidence that the 14-year-old complainant became pregnant, had no sexual partners other than defendant, and had an abortion. The trial court held that evidence of the complainant’s pregnancy is admissible, but the other evidence is not. The prosecutor sought interlocutory leave to appeal and defendant filed a cross-appeal. The Court of Appeals granted leave to appeal and, in a published opinion, affirmed in part and reversed in part, holding that all of the evidence is admissible. The Supreme Court has granted defendant’s application for appeal to address: (1) whether evidence related to the complainant’s pregnancy, abortion, and lack of other sexual partners was within the scope of the rape-shield statute, MCL 750.520j(1), i.e., whether it constituted “[e]vidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, [or] reputation evidence of the victim’s sexual conduct . . .”; (2) if the evidence was within the scope of the rape-shield statute, whether it was nonetheless admissible under one of the exceptions in MCL 750.520j(1); and (3) if the evidence was not within the scope of the rape-shield statute, whether it was admissible under general rules governing the admissibility of evidence, see MRE 402 and MRE 403.