People v. Laidler

Summary

The Michigan Supreme Court held that a co-offender may be considered a victim for purposes of scoring offense variable 3 under MCL 777.33 when the co-offender is harmed by the defendant’s criminal actions. The Court further held that the defendant was a factual cause of the co-offender’s death and reinstated the defendant’s sentence, which included a 100-point score for OV 3. Justice Cavanagh dissented.

Holdings

1. A victim is a necessary condition to assessing points under OV 3; MCL 777.33(2)(b) does not authorize scoring OV 3 whenever someone dies without a physical injury to a victim.
2. Holmes's death resulted from Laidler's criminal actions because Laidler's conduct was a factual cause of the death.
3. A coperpetrator is a victim for purposes of OV 3 when he or she is harmed by the charged party's criminal actions. Holmes therefore qualified as a victim.

Questions Presented

1. Whether a victim is required before points may be assessed under offense variable 3, MCL 777.33.
2. Whether Holmes's death resulted from Laidler's criminal actions for purposes of MCL 777.33(2)(b).
3. Whether a coperpetrator may constitute a victim under OV 3.

Disposition

reversed