People of Michigan v. Thomas Mulholland

Michigan Court of Appeals

People of Michigan v. Thomas Mulholland

DecidedMarch 1, 2018

Docket335218

StatusUnpublished

This text of People of Michigan v. Thomas Mulholland (People of Michigan v. Thomas Mulholland) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People of Michigan v. Thomas Mulholland, (Mich. Ct. App. 2018).

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Opinion

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 1, 2018 Plaintiff-Appellee,

v No. 335078 Ingham Circuit Court JAMES C. MULHOLLAND, JR., LC No. 15-001145-FH

Defendant-Appellant.

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v No. 335218 Ingham Circuit Court THOMAS MULHOLLAND, LC No. 15-001085-FH

Before: O’CONNELL, P.J., and BECKERING and STEPHENS, JJ.

STEPHENS, J. (concurring in part and dissenting in part).

I write separately only as to OV 10. While I agree that some pre-offense conduct occurred, I disagree as to the vulnerability of the victims. There is no evidence that the victims were physically weak, suffered any mental incapacity or emotional vulnerability. The defendants certainly victimized the complainants. They took money from them based upon lies and deception. However, the economic crime at issue requires the existence of a level of trust and familiarly between the victim and the perpetrator. The record does not reveal that the defendants exploited special knowledge regarding the victims’ susceptibility to economic crime, nor the exploitation of an intimate relationship with the victims sufficient to justify assessment of

-1- points under OV 10.

/s/ Cynthia Diane Stephens

-2-

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STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 1, 2018 Plaintiff-Appellee,

v No. 335078 Ingham Circuit Court JAMES C. MULHOLLAND, JR., LC No. 15-001145-FH

Defendant-Appellant.

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v No. 335218 Ingham Circuit Court THOMAS MULHOLLAND, LC No. 15-001085-FH

Before: O’CONNELL, P.J., and BECKERING and STEPHENS, JJ.

STEPHENS, J. (concurring in part and dissenting in part).

I write separately only as to OV 10. While I agree that some pre-offense conduct occurred, I disagree as to the vulnerability of the victims. There is no evidence that the victims were physically weak, suffered any mental incapacity or emotional vulnerability. The defendants certainly victimized the complainants. They took money from them based upon lies and deception. However, the economic crime at issue requires the existence of a level of trust and familiarly between the victim and the perpetrator. The record does not reveal that the defendants exploited special knowledge regarding the victims’ susceptibility to economic crime, nor the exploitation of an intimate relationship with the victims sufficient to justify assessment of

-1- points under OV 10.

/s/ Cynthia Diane Stephens

-2-

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People of Michigan v. Thomas Mulholland, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-thomas-mulholland-michctapp-2018.