The
sixteen-year-old complainant accused the defendant, her mother’s boyfriend, of
touching her breasts and digitally penetrating her. The defendant sought to admit evidence that the
complainant had threatened to falsely accuse her biological father of touching
her. The prosecution filed a motion in
limine to exclude the evidence, arguing that it was inadmissible hearsay. The trial court granted the prosecution’s motion,
agreeing that the evidence was inadmissible hearsay. The case went to trial and the defendant was
convicted of third-degree and fourth-degree criminal sexual conduct. The Court of Appeals, in a 2-1 unpublished
opinion, affirmed the defendant’s convictions.
The Supreme Court has ordered
oral argument on the application to address: (1) whether the trial court erred by granting
the prosecution’s motion in limine to bar the defendant from presenting
evidence of an alleged prior threat by the complainant to report an assault;
and (2) if so, whether the error was prejudicial.