People of Michigan v. Aaron Charles Davis Jr
333147
| Mich. Ct. App. | Aug 17, 2017Background
- Defendant Aaron Davis was convicted after a jury trial of first-degree home invasion, multiple counts of assault with intent to commit armed robbery, multiple felony-firearm counts, and resisting/obstructing police.
- On the morning of trial, Davis requested a continuance to retain private counsel (Levine & Levine) and asked the court to appoint interim counsel; the trial court denied the adjournment after the firm disclaimed knowledge of representation and the case had been pending for months.
- Defense counsel remained appointed and tried the case; counsel declined to present an alleged alibi witness, saying investigation showed the defense lacked merit or was ethically untenable.
- Davis later filed a Standard 4 brief alleging ineffective assistance of counsel and other trial errors, and sought a remand for a Ginther hearing (which this Court denied).
- Davis did not contemporaneously object at trial to the jury composition or several prosecutor comments argued on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of adjournment/substitution of counsel | Court balanced defendant’s choice right against docket and public interest; no good cause shown | Davis argued trial court arbitrarily denied his constitutional right to retain counsel of choice and to have interim appointed counsel | Denial was not an abuse of discretion; no good cause for substitution; court properly balanced interests |
| Ineffective assistance of counsel | Counsel investigated alibi, concluded it was meritless/unethical to present; counsel’s tactical choices reasonable | Counsel failed to investigate/present alibi, object enough, cross-examine effectively, or file motions; combining cases prejudiced defense | No manifest record error; performance not shown deficient and prejudice not proven; counsel effective |
| Jury composition / voir dire | Prosecutor’s excusals reduced jury diversity, denying impartial jury | Davis claimed jury lacked diversity and prosecutor struck jurors of same ethnic background | Waived by Davis (expressed satisfaction at selection); challenge forfeited |
| Prosecutorial misconduct in closing | Prosecutor argued permissible inferences, properly explained plea agreement and flight evidence | Remarks improperly vouched, used plea deal to imply special knowledge, and called flight "consciousness of guilt" in a prejudicial way | No prosecutorial misconduct warranting reversal; statements were reasonable inferences or supported by record and curable by instructions |
Key Cases Cited
- People v. Aceval, 282 Mich. App. 379 (defendant’s right to counsel of choice balanced against court calendar)
- People v. Jackson, 483 Mich. 271 (state must provide counsel to indigent defendants)
- United States v. Gonzalez-Lopez, 548 U.S. 140 (trial court’s discretion in balancing choice-of-counsel rights with docket concerns)
- People v. Ginther, 390 Mich. 436 (standard for hearing on ineffective assistance)
- People v. Russell, 471 Mich. 182 (indigent defendants entitled to appointed counsel but not choice of appointed counsel)
- People v. Strickland, 293 Mich. App. 393 (good-cause standard for substitution of appointed counsel)
- People v. Carbin, 463 Mich. 590 (prejudice requirement for ineffective assistance claims)
- People v. Dobek, 274 Mich. App. 58 (limits on prosecutor factual misstatements; prosecutor may argue reasonable inferences)
- People v. Bahoda, 448 Mich. 261 (prosecutor vouching and impermissible special-knowledge implications)
- People v. Coleman, 210 Mich. App. 1 (flight evidence admissible as consciousness of guilt)
