Michigan Supreme Court Blog

Yesterday, the Michigan Court of Appeals, in a per curiam opinion, affirmed the dismissal of charges against John Prominski , the pastor at Resurrection Life Church in Ionia, Michigan who had been charged by the Ionia County Prosecutor's Office with failing to report suspected child abuse.   People v Prominski, Docket No. 309682. Section 3 of the Michigan Child Protection Law mandates the reporting of suspected child abuse or neglect to the authorities by members of the clergy. MCL 722.623 .  However, MCL 722.631, in abrogating any other privileged communications, retains what we commonly refer to as the "priest-penitent" privilege, those communications "made to a member of the clergy in his or her professional character in a confession or similarly confidential communication." In 2009, one of Rev. Prominski's parishioners approached him, seeking his advice as to what to do, because she suspected that her husband was molesting her two young daughters....

This past week, Justice David Viviano had the opportunity to issue his first opinions dealing with appeals in criminal cases.  In People v Hardy and People v Glenn , Docket Numbers 144327 and 144979 , two cases consolidated for the appeal, the Court dealt with the proper scoring of Offense Variable 7.  In each case the trial court had assessed 50 points for the variable because the statute authorizes scoring where "a victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense."  MCL 777.37(1)(a).  Hardy's carjacking case originated in Oakland County (Judge Michael Warren) and Glenn plead guilty to armed robbery in Jackson County (Judge John McBain). The prosecutor argued that Hardy had engaged in conduct designed to substantially increase the fear and anxiety of the victim when, in addition to pointing a shotgun at the victim in order to steal the car, he...