Michigan v. Pullen (Opinion)
Annotate this CaseIn two consolidated cases, the issue central to both involved MCL 768.27a(1). In relevant part, in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which it may be relevant. Upon review of these cases, the Supreme Court concluded that MCL 768.27a "irreconcilably" conflicted with the Michigan Rules of Evidence 404(b). Further, the Court held that evidence admissible under MCL 768.27a remains subject to MRE 403, which provided that a court may exclude relevant evidence if the danger of unfair prejudice, among other considerations, outweighs the evidence's probative value. "In applying the balancing test in MRE 403 to evidence admissible under MCL 768.27a, . . . courts must weigh the propensity inference in favor of the evidence's probative value rather than its prejudicial effect."
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