People of Michigan v. Aurelias Jualious Marshall
329362
| Mich. Ct. App. | Apr 11, 2017Background
- Defendant Aurelias Marshall was tried and convicted by a jury of felony murder (underlying felony: robbery) for the 1990 killing of Joel Battaglia; sentenced as a second-offense habitual offender to life without parole.
- Battaglia was found with multiple blunt-force head injuries; a forensic pathologist testified the skull fracture was consistent with a heavy swinging object (e.g., baseball bat).
- Witnesses (some testifying after 2014 investigative subpoenas and perjury charges) placed Marshall on Lake Drive at the time of the assault and reported admissions by Marshall that he had beaten and robbed a white man.
- Several corroborating witnesses testified Marshall returned home covered in blood and told others he and an associate robbed/beat a victim who had money; some testimony contained inconsistencies.
- Trial included contested admission of other-acts evidence: (a) testimony that Marshall beat a witness (Clarassa) with an extension cord (admitted after prosecutor questioned witness about prior perjury), (b) evidence that Marshall used crack cocaine, and (c) testimony about incriminating statements Marshall made to third parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (malice & commission of robbery) | Evidence (eyewitness placement, confessions to others, physical injuries, missing wallet/watch) supports malice and felonious taking — conviction should stand | Insufficient proof of malice and no proof a robbery (felonious taking) occurred during the homicide | Affirmed: circumstantial evidence and inferences supported malice and a felonious taking; jury rationally found elements proven beyond a reasonable doubt |
| Admission of Clarassa other-acts evidence (assault with extension cord) | Admission was proper to explain why witness previously lied and to rehabilitate credibility | Admission improperly introduced defendant’s violent acts to bolster witness; prosecutor improperly attacked witness then rehabilitated with inadmissible other-acts evidence | Trial court abused discretion admitting Clarassa assault testimony, but error was nonconstitutional and not shown to be outcome-determinative; no new trial |
| Admission of evidence Marhsall used crack cocaine | Admissible as motive (addiction shown by testimony) | No adequate foundation that defendant was addicted at the time | Admission proper; there was testimony defendant and partner were addicts in 1990 |
| Deadlocked jury instructions / coercion claim | Instructions not coercive when read as whole; court’s statements allowed failure to reach verdict and did not unduly pressure minority jurors | Court coerced jury (threat of new trial, chastising foreperson, quick verdict after instruction) | No reversible error; defendant waived objection to instructions and, substantively, instructions were not unduly coercive |
| Ineffective assistance of counsel | Counsel objected to key other-acts rulings and objections would have been futile on other testimony; no prejudice shown | Counsel failed to object to multiple other-acts items and deadlock instructions | Claims fail on record review: objections were made where appropriate; other objections would be meritless or not outcome-determinative |
Key Cases Cited
- People v. Cline, 276 Mich. App. 634 (establishes standard for reviewing sufficiency of the evidence)
- People v. Dunigan, 299 Mich. App. 579 (circumstantial evidence and reasonable inferences may establish elements)
- People v. Smith, 478 Mich. 292 (elements of felony murder)
- People v. Kelly, 423 Mich. 261 (malice in felony-murder context; felony a factor for malice)
- People v. Aaron, 409 Mich. 672 (limits on inferring malice solely from felony; co-defendant liability principles)
- People v. Lukity, 460 Mich. 484 (nonconstitutional evidentiary error reversal standard — outcome determinative)
- People v. Unger, 278 Mich. App. 210 (abuse of discretion standard for evidentiary rulings)
- People v. Hardin, 421 Mich. 296 (undue coercion standard for deadlocked jury instructions)
- People v. Jackson, 498 Mich. 246 (scope of MRE 404(b): acts that are the conduct at issue are not "other acts")