People v. Lee

In People v. Lee, 212 Mich App 228, 245-246; 537 NW2d 233 (1995), the defendant was accused of the kidnap-murder of a young girl, and the trial court allowed admission of evidence that, as two young girls were walking to school only six days before the complainant was kidnapped, the defendant stopped his car and asked the girls for the time and directions. This evidence was introduced to show the defendant's pattern or plan for committing child abductions and that defendant committed this crime, id. at 245, and the Court affirmed, stating, "We do not agree with defendant that the prosecutor's use of the evidence exceeded the limited purpose allowed under MRE 404(b)." Id. at 246. The Court stated that a four-part test is used to determine whether an error in refusing a challenge for cause merits reversal. There must be a clear and independent showing on the record that: (1) the court improperly denied a challenge for cause; (2) the aggrieved party exhausted all peremptory challenges; (3) the party demonstrated the desire to excuse another subsequently summoned juror; (4) the juror whom the party wished later to excuse was objectionable.