Sufficiency of the evidence to support defendant’s conviction for assault with intent to murder (AWIM); People v. Henderson; People v. Lundy; People v. McKinney; People v. Hardiman; People v. Warren; Ineffective assistance of counsel; People v. LeBlanc; People v. Hurst; People v. Toma; People v. Carbin; Evidence of the victim’s age; Other acts evidence; MRE 402; MRE 401; MRE 404(b)(1) & (2); People v. Ericksen; MRE 403; People v. Cameron; Failure to raise an objection; Failure to obtain an eye examination
Holding that there was sufficient evidence to support defendant’s conviction for AWIM and that he was not denied the effective assistance of counsel, the court affirmed. He was convicted of AWIM, assault with a dangerous weapon, and domestic violence. The case arose out of an incident in which defendant hit the victim with his car. Both testified that they were in a divorce and custody dispute. Also, she testified that he called her job and threatened to kill her. Similarly, an officer “testified that defendant stated that he would do anything necessary to get his son back and that ‘he was not afraid to go back to prison.’” Also, “an eyewitness testified that she heard the victim yelling. The victim was backing away from the car.” It then struck her, “pushed her over a curb, and came to a stop after hitting the light pole in the grass. The victim was trapped between the car and the light pole.” She testified that “defendant exited the car after hitting her. She heard him say something ‘about making [her] pay.’ He then got down on the ground and placed both hands around her throat like he was trying to strangle her, but he did not apply any pressure. Defendant left the scene without offering any assistance or calling for help.” Also, it appeared that he “did not stop his car after striking the victim. Instead, he drove over the curb and pinned her against the light pole in the grass.” Seconds before impact with the light pole, he “pressed the accelerator at 48%. The prosecution’s expert opined that defendant could have stopped the car before hitting the light pole if he had fully deployed the brakes.”
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