Second-degree murder; OWI causing death; MCL 257.625(4); Directed verdict; Malice; People v Goecke; Blood alcohol evidence; MCL 257.625a(6)(c); Late-endorsed witness; MCL 767.40a; Good cause; Continuance remedy; Judicial bias; MRE 614(b)

The court held that sufficient evidence of malice supported defendant’s second-degree murder conviction, that the trial court did not abuse its discretion by permitting late endorsement of a blood-testing witness, and that judicial bias was not shown. Defendant drove his vehicle through a red light while intoxicated and struck the victim’s BMW, killing him. The jury convicted defendant of second-degree murder and OWI causing death. On appeal, the court held that the trial court properly denied a directed verdict because the evidence went “‘beyond that of drunk driving.’” His blood alcohol content was 0.185 more than two hours after the crash, he drove 73 miles per hour in a 45-mile-per-hour zone, the light had been red for about 13 seconds, he had about 1,200 feet to stop, and he accelerated instead of braking. The court also rejected his blood-draw argument because a directed-verdict motion tests whether admitted evidence was sufficient, not whether evidence was wrongly admitted. It next held that good cause supported adding the technician who physically tested defendant’s blood because the prosecutor learned of her role during trial, and any prejudice was cured by a two-day continuance. Finally, the court held that the judge’s questioning and trial-management comments did not pierce the veil of impartiality because they sought relevant clarification or addressed legal issues outside the jury’s presence. Affirmed.