Medical-treatment hearsay exception; MRE 803(4); People v Meeboer; Sexual assault nurse examiner (SANE) report; Other acts evidence; MCL 768.27a; Pretrial notice; Specific unanimity instruction; People v Cooks; Due process; Ineffective assistance of counsel

The court held that defendant failed to show reversible evidentiary, notice, unanimity, or ineffective-assistance error in his CSC trial. Defendant was convicted of CSC I, CSC II, and attempted CSC I for sexually abusing his then-fiancée’s daughter over about a year. On appeal, the court first held that statements the victim made during a SANE examination were admissible under MRE 803(4), or at least not outcome determinative if admitted in error. It reasoned the challenged statements were “reasonably necessary” to determine whether she needed treatment for sexually transmitted diseases, pregnancy, trauma, psychological injury, and whether she could return to “a safe, rather than an abusive, home.” The court next rejected defendant’s claim that near-daily abuse testimony required reversal for lack of MCL 768.27a notice. It noted the complaint, information, and search-warrant affidavit gave the relevant date range and allegations, and defendant did not identify evidence that was undisclosed at least 15 days before trial or show prejudice. The court also held that a specific unanimity instruction was not required because the acts were not materially distinct and the victim described repeated abuse occurring in the same manner. It reasoned that “‘the evidence offered . . . was materially identical,’” and the jury received a general unanimity instruction. The court further rejected the related due-process and ineffective-assistance claims because the charged date range covered the allegations and any objections would have been futile or nonprejudicial given the “overwhelming evidence” of guilt. Affirmed.