People of Michigan v. Cameron Davon Wright
348250
| Mich. Ct. App. | Jul 1, 2021Background
- In 2013 Andre Davis was killed in a drive-by shooting; prosecution alleged Wright fired from a silver/gray Chrysler 300 after a fight between Wright and Eric Braswell at a party.
- Initial 2013 investigation did not link Wright to the shooting; the case was reopened in 2017 and subpoenas issued in 2018.
- Evidence at trial included eyewitness accounts placing Wright in the shooting vehicle (Welford, Morris, Turley), Wright’s evasive statements to police, and a jail call instructing his ex-girlfriend to remove a bag from woods (suspected to contain a gun).
- During the renewed investigation, passenger Curtis Swift—who had been nervous about testifying—was found murdered in 2018; prosecution argued Wright killed Swift to prevent testimony and to frame Swift as Davis’s shooter.
- Wright did not testify; a jury convicted him of first-degree murder, felony-firearm, felon-in-possession, and carrying a concealed weapon; Wright appealed multiple rulings and claims of ineffective assistance and other errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Missing-witness instruction for Kiara Adams | People: Prosecutor exercised due diligence; preliminary-exam testimony admissible for unavailable witness. | Wright: Prosecutor failed due diligence; admission violated confrontation rights. | Waiver by defense agreement; court found due diligence; no reviewable error. |
| Biased jurors / voir dire / counsel performance | People: Voir dire adequate; jurors’ assurances of impartiality sufficient. | Wright: Several jurors were biased and counsel failed to remove them. | No plain error; voir dire adequate; counsel’s jury choices reasonable; no ineffective assistance. |
| Ineffective assistance (impeachment, expert, objections, missing witnesses) | People: Defense tactics were strategic; objections would be futile or evidence admissible. | Wright: Counsel failed to impeach witnesses, vet experts, object to misconduct, present witnesses. | No deficient performance or no prejudice; strategic choices reasonable; claims rejected. |
| Newly discovered evidence (affidavit claiming Swift admitted shooting Davis) | People: Affidavit not newly discovered; defendant failed to show diligence or materiality. | Wright: Shaw affidavit shows Swift admitted shooter; warrants new trial. | Denied—affidavit fails Cress factors; not newly discovered or insufficient diligence. |
| Juror-submitted questions to Welford | People: Court’s procedure followed; omitted juror questions harmless given existing testimony. | Wright: Court abused discretion by refusing two juror questions. | Trial court should have provided parties chance to object (procedure error) but error was harmless. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes ineffective-assistance standard)
- People v. Kowalski, 489 Mich 488 (waiver where defense counsel expresses satisfaction with court decision)
- People v. Unger, 278 Mich App 210 (jury selection, tactical deference, and inferences from destruction of evidence)
- People v. Jackson, 292 Mich App 583 (juror challenge and prior-consistent-statement rehabilitation rule)
- People v. Tyburski, 445 Mich 606 (court-conducted voir dire must uncover potential bias)
- People v. Cress, 468 Mich 678 (standards for newly discovered evidence warranting a new trial)
- People v. Heard, 388 Mich 182 (juror questioning of witnesses lies within trial court discretion)
- People v. LeBlanc, 465 Mich 575 (limitations on cross-examination about collateral matters)
- People v. March, 499 Mich 389 (appellate abuse-of-discretion standard)