Case of the Month

People v. Kosmalski, Mich. App. No. 278133 (decided October 21, 2008, unpublished). The victim was driving his vehicle southbound through an intersection on a green light when his vehicle was violently struck by an eastbound vehicle that ran a red light. The victim was killed as a result of the collision. Just before the collision the defendant was observed driving at a high rate of speed, running another red light, and driving very erratically.

After the collision, her blood was tested and found to contain three prescription drugs, all which affect a person's ability to drive, especially when combined together. The defendant had a history of abusing drugs and reckless driving. The defendant was convicted in Ingham County for vehicular manslaughter.

On appeal, the defendant argued that the trial court abused its discretion when it allowed testimony regarding her two prior arrests for reckless driving. The prosecutor argued that the evidence was admitted for the purpose of showing that the defendant knew that her drug use would adversely affect her ability to drive. The Court of Appeals agreed with the prosecutor, and held that the evidence was offered for a proper purpose under MRE 404(b), i.e. to show that the defendant knew that her drug use would adversely affect her ability to drive.

Therefore, the trial court did not abuse its discretion when it admitted the other acts evidence. Affirmed.