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159619 - People v Brad Stephen Haynie

The People of the State of Michigan,

 

Emil Semaan

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Macomb – Faunce, J.)

 

Brad Stephen Haynie,

 

Cecilia Quirindongo Baunsoe

 

Defendant-Appellant.

 

Summary

In 2015, defendant suffered from a psychotic episode and physically attacked his mother, causing serious injury. Defendant has a long history of mental illness and suffers from brain damage. He was charged with assault with intent to commit murder (AWIM). At trial, expert witnesses unanimously agreed that defendant was legally insane at the time of the crime. The jury found defendant guilty but mentally ill of the lesser included offense of assault with intent to do great bodily harm. The Court of Appeals affirmed in a split published opinion. The majority held that the trial court had properly denied the defense request for a jury instruction on assault and battery and that the verdict was not against the great weight of the evidence. The dissent opined that assault and battery is a necessarily included lesser offense of AWIM and that a rational view of the evidence in the case supported such an instruction. The Supreme Court has granted defendant’s application for leave to appeal to address: (1) whether assault and battery is a necessarily included offense of AWIM; and (2) if so, whether a rational view of the evidence in this case could support a conviction for assault and battery. ​