People of Michigan v. Arvee Jadollar-Williams Vaughn
334124
| Mich. Ct. App. | Nov 16, 2017Background
- Defendant Arvee Jadollar-Williams Vaughn was convicted at a bench trial of felon-in-possession (MCL 750.224f) and felony-firearm (MCL 750.227b); sentenced as a fourth habitual offender to 1–20 years for possession and a mandatory 2 years for felony-firearm; $1,300 in court costs imposed.
- Parties stipulated defendant had a prior felony conviction, so the prosecution needed only to prove possession of a firearm.
- Two officers testified they saw defendant open the door holding a black handgun in his right hand; officers later recovered that handgun and defendant’s jail bracelet from a downstairs bedroom.
- Witness Stewart testified the gun was kept "out and about" on the couch or table; other witnesses had minor inconsistencies about who slept where and brief misstatements.
- Trial court found defendant guilty; defendant challenged the verdict as against the great weight of the evidence and contested the reasonableness/factual basis for imposed court costs on appeal.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Vaughn) | Held |
|---|---|---|---|
| Whether verdict was against the great weight of the evidence | Evidence (officers’ observations, recovered gun, jail bracelet, testimony about gun being kept openly) supports possession—actual or constructive | Officer testimony was not credible, physically implausible, and contradicted by photos and timing; witness misstatements undermine prosecution case | Verdict was not against the great weight of the evidence; credibility/factual conflicts do not warrant a new trial absent exceptional circumstances |
| Whether defendant had actual or constructive possession of the gun | Officers observed defendant holding the gun (actual); gun and bracelet found in accessible location in house (constructive) | Defendant denied possession and challenged the link between him and the recovered gun | Sufficient evidence of actual possession (officer testimony) and, alternatively, of constructive possession under totality-of-circumstances test |
| Whether witness credibility issues (officers’ memory, door-opening mechanics) required reversal | Credibility determinations are for the trier of fact; inconsistencies were not exceptional under Lemmon | Inconsistencies and implausible physical testimony (door opening, timing, memory lapses) undermine verdict | No exceptional circumstances shown; trial court’s credibility findings stand |
| Whether trial court provided factual basis for $1,300 in court costs | Costs must be reasonably related to actual court costs and supported by a factual basis | No record explanation for amount; defendant challenges imposition | Convictions affirmed, but remanded for trial court to establish factual basis for costs or adjust amount |
Key Cases Cited
- People v. Herbert, 444 Mich. 466 (discusses review for verdicts against the great weight of the evidence)
- People v. Lemmon, 456 Mich. 625 (identifies "exceptional circumstances" that permit rejecting witness credibility: contradiction with indisputable facts, patent incredibility, inherent implausibility, or serious impeachment with discrepancies)
- People v. McCray, 245 Mich. App. 631 (defines verdict "against the great weight" standard)
- People v. Unger, 278 Mich. App. 210 (credibility and conflicting testimony are generally for the trier of fact)
- People v. Minch, 493 Mich. 87 (constructive possession of a firearm is sufficient under felon-in-possession statute)
- People v. Johnson, 293 Mich. App. 79 (constructive-possession test: knowledge and reasonable access; possession may be proven circumstantially)
- People v. Nowack, 462 Mich. 392 (circumstantial evidence and reasonable inferences can prove elements of a crime)
- People v. Konopka (On Remand), 309 Mich. App. 345 (remand required where court costs under MCL 769.1k lack a factual basis)
- People v. Carines, 460 Mich. 750 (plain-error standard for unpreserved claims)