People v. Shafier
Michigan Court of Appeals
1Opinion of the Court
SCHUETTE, PJ.
Following a jury trial, defendant was convicted of two counts of second-degree criminal *138sexual conduct, MCL 750.520c(l)(b) (victim between 13 and 16 years of age and actor related to victim by affinity). Defendant was sentenced to 71 to 180 months’ imprisonment. Defendant now appeals as of right. Although the prosecutor erroneously commented at trial about defendant’s post -Miranda1 silence, we conclude that defendant has failed to show that his substantial rights were affected by the error. Therefore, we affirm.
I. FACTS
Defendant and his wife adopted the victim and her three…
2Cases cited12 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Doyle v. OhioSupreme Court of the United States · 1976
- People v. CarinesMichigan Supreme Court · 1999
- People v. BoboMichigan Supreme Court · 1973
- People v. DennisMichigan Supreme Court · 2001
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3Cited by2 opinions
- People v. ShafierMichigan Supreme Court · 2009
- People v. ShafierMichigan Supreme Court · 2009