COA Grants Prosecution Interlocutory 404(b) Application
In this interlocutory application for leave, the Michigan Court of Appeals yesterday published it's previously unpublished opinion in People v Calvin Kelly , Docket No. 331731 , reversing the Kalamazoo Circuit Court's decision to exclude evidence offered by the prosecution pursuant to MRE 404(b). Kelly is charged with kidnapping, three (3) counts of first degree CSC and assault with intent to commit CSC. The allegations arise from an incident in 2008. Kelly has readily admitted to having sexual intercourse with the complainant (the prosecution possesses favorable DNA evidence), but asserts that the encounter was consensual because the complainant is a prostitute and is merely upset because Kelly did not pay her. Kelly's DNA, however, has linked him to a total of five (5) CSC complaints, and he has admitted to having intercourse with three (3) others. In each case, which span a timeframe from 1985 to 2010 and occurred in four (4) different states, Kelly told the sam