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People v. Abdoush10/20/2005
tes actual prejudice from the alleged irregularities. People v Ulman, 244 Mich App 500, 508; 625 NW2d 429 (2001); MCR 6.508(D)(3)(a) and (b). In a conviction following a trial, "actual prejudice" means that "but for the alleged error, the defendant would have had a likely chance of acquittal." MCR 6.508(D)(3)(b)(i).
B. Analysis
When ascertaining whether sufficient evidence was presented at trial to support a conviction, this Court must view the evidence in a light most favorable to the prosecution and determine whether a rational trier of fact could find that the essential elements of the crime were proven beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992). This Court will not interfere with the trier of fact's determination of the weight of the evidence or the credibility of the witnesses. Id. at 514. Circumstantial evidence and reasonable inferences arising from the evidence can constitute satisfactory proof of the elements of the crime. People v Truong (After Remand), 218 Mich App 325, 337; 553 NW2d 692 (1996). All conflicts in the evidence must be resolved in favor of the prosecution. People v Terry, 224 Mich App 447, 452; 569 NW2d 641 (1997).
The elements of second-degree murder are: "(1) a death, (2) caused by an act of the defendant, (3) with malice, and (4) without justification or excuse." People v Aldrich, 246 Mich App 101, 123; 631 NW2d 67 (2001) (citation omitted).
Defendant challenges only the finding that the victim's death was caused by his actions, and contends that an intervening medical error was the sole cause of the victim's death. A defendant's conviction may be sustained only "where there is a reasonable and direct causal connection between the injury and death." People v Flenon, 42 Mich App 457, 460; 202 NW2d 471 (1972). "The determination of proximate cause or of the existence of an independent intervening cause of death is an issue for the [trier of fact]." People v Herndon, 246 Mich App 371, 399 n 62; 633 NW2d 376 (2001) (citation omitted).
If a third party's "independent act" "intervenes between the act of a criminal defendant and the harm to a victim, that act may only serve to cut off the defendant's criminal liability where the intervening act is the sole cause of harm." People v Bailey, 451 Mich 657, 677; 549 NW2d 325 (1996), amended 453 Mich 1204 (1996). "In the medical treatment setting, evidence of grossly negligent treatment constitutes evidence of a sole, intervening cause of death. Anything less than that constitutes, at most, merely a contributory cause of death, in addition to the defendant's conduct." Id. at 679; see also Herndon, supra at 399-400. Further, " ntervening medical error is not available as a defense to a defendant who has inflicted a mortal wound upon a victim." People v Thomas Williams, 107 Mich App 798, 802; 310 NW2d 246 (1981), rev'd on other grounds 413 Mich 940 (1982). In People v. Cook, 39 Mich 236, 240 (1878), our Supreme Court explained:
In a case where the wound is not mortal, the injured person may recover and thus no homicide have been committed. If, however, death do result, the accused will be held responsible, unless it was occasioned, not by the wound, but by grossly erroneous medical treatment. But where the wound is a mortal one . . . the reason which permits the showing of a death from medical treatment does not exist.
See also Herndon, supra at 400-401.
Viewed in a light most favorable to the prosecution, a rational trier of fact could find that the victim's death was caused by defendant's act of hitting her with his van. The trial court, as the trier of fact, concluded that ther
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