History
  • No items yet
midpage
People of Michigan v. Aaron Charles Davis Jr
333147
| Mich. Ct. App. | Aug 17, 2017
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: People of Michigan v. Aaron Charles Davis Jr
Court Name: Michigan Court of Appeals
Date Published: Aug 17, 2017
Docket Number: 333147
Court Abbreviation: Mich. Ct. App.