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People v. Moldowan
Citations: 643 N.W.2d 570; 466 Mich. 862Docket: Docket Nos. 119812 & (26), COA No. 232196
Court: Michigan Supreme Court; May 15, 2002; Michigan; State Supreme Court
The Supreme Court of Michigan reversed the convictions of Jeffery Michael Moldowan and remanded the case for a new trial. The decision stemmed from significant issues with the prosecution's bite-mark evidence, as both expert witnesses had either recanted their testimony linking the bite marks to Moldowan or provided discredited opinions. The court determined that Moldowan was entitled to relief from judgment under MCR 6.508(D)(3)(b)(i) and (iii) due to these evidentiary concerns. The prosecutor acknowledged that it was unfair to expect Moldowan or his counsel to have been aware of the problems with the bite-mark evidence before the trial. Additionally, the court recognized the challenges in locating alibi witnesses related to the drug and prostitution milieu, which contributed to the potential for "actual prejudice" against Moldowan. The absence of reliable bite-mark evidence and the existence of newly discovered alibi witnesses suggested that the trial outcome could have been different. Thus, the court concluded that Moldowan deserved a new trial.