People of Michigan v. Brandon Scott Mann
329356
| Mich. Ct. App. | Feb 7, 2017Background
- Defendant Brandon Mann and April Miller visited Clayton Orange; an alcohol-fueled altercation occurred and a gunshot was heard. Neighbors found Orange dead and Mann at the scene.
- Autopsy: death from strangulation plus blunt-force head trauma; pathologist estimated sustained strangulation of ~3 minutes. Orange had fragile health and complex prescriptions.
- Mann made incriminating statements to neighbors and later to police; recorded custodial interview was played for the jury.
- Jury convicted Mann of second-degree murder, felon in possession of a firearm, and felony-firearm; sentenced as a habitual fourth offender to concurrent long terms and a consecutive felony-firearm term.
- On appeal Mann challenged (1) denial of an evidentiary hearing on suppression of his custodial statements (he argued intoxication prevented a valid Miranda waiver), (2) the trial court’s failure to sua sponte give a duty-to-retreat instruction and ineffective assistance for not requesting it, and (3) OV 7 scoring and guideline calculations.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Mann) | Held |
|---|---|---|---|
| Whether trial court erred by deciding suppression motion without evidentiary hearing | No error; record and detective testimony supported admitting statements | Mann: intoxicated at arrest (.20) and interview (.099) so could not knowingly waive Miranda; asked suppression | No plain error; hearing not required absent request and record (video, detective testimony) showed valid waiver |
| Whether court erred by not sua sponte giving duty-to-retreat instruction (M Crim JI 7.16) | No; jury received self-defense instructions sufficient | Mann: duty to retreat instruction required given evidence he subdued Orange and argument about necessity | No plain error; evidence only minimally supported self-defense so instruction not compelled |
| Ineffective assistance for counsel's failure to request duty-to-retreat instruction | Counsel not ineffective because omission was not prejudicial given weight of evidence | Mann: counsel should have requested instruction; prejudice follows | Denied: no reasonable probability outcome different given incriminating statements and medical evidence |
| Whether OV 7 properly scored at 50 points and guideline calculations | OV 7 properly scored for torture/excessive brutality; court need only score highest class offense (murder) | Mann: OV7 excessive; also argued guidelines for felon-in-possession not scored | Affirmed: record supports 50 points; court not required to score lower-class concurrent offenses (Lopez/Lockridge) |
Key Cases Cited
- Unger v. People, 278 Mich. App. 210 (trial court’s discretion whether to hold hearing)
- Carines v. People, 460 Mich. 750 (plain error standard)
- Miranda v. Arizona, 384 U.S. 436 (custodial interrogation waiver rules)
- Walker v. People (On Rehearing), 374 Mich. 331 (hearing required when confession alleged involuntary)
- Cipriano v. People, 431 Mich. 315 (factors for voluntariness of confession)
- Lockridge v. People, 498 Mich. 358 (advisory guidelines/consultation requirement)
- Lopez v. People, 305 Mich. App. 686 (no need to score guideline ranges for lower-class concurrent offenses)