People of Michigan v. Christopher Lehman Tadgerson
327187
| Mich. Ct. App. | Oct 13, 2016Background
- Defendant Christopher Lehman Tadgerson was convicted by a jury of resisting and obstructing a law enforcement officer causing injury, MCL 750.81d(2), based on a fight with another inmate at Chippewa County Correctional Facility.
- Video and testimony showed corrections officers (Deputy Thomas Lawlor and Corporal Ashely Reid) ordered the inmates to stop and pulled them apart; defendant resisted as he was escorted from the cell.
- Lawlor testified that while restraining defendant he felt a pop/pull in his back and later suffered a ruptured disc requiring ongoing specialist care.
- Defendant admitted resisting and does not dispute Lawlor’s injury but testified he believed another inmate was grabbing him and that he could not hear commands while being "choked out."
- The jury convicted; the trial court sentenced defendant as a fourth habitual offender to 4 to 15 years’ imprisonment (sentencing colloquy referenced a 4-year-10-month minimum, but the judgment stated a 4-year minimum).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether evidence proved defendant knew or had reason to know he was resisting an officer | Prosecution: facts and video show officers in uniform commanding inmates; a reasonable inmate would recognize corrections officers and thus had reason to know | Tadgerson: he thought another inmate grabbed him; could not hear commands; lacked knowledge or reason to know the person was an officer | Affirmed — viewed in light most favorable to prosecutor, jury could infer defendant had reason to know he was resisting an officer |
| Improper fee: imposition of a probation supervision fee | Prosecution: (concedes) fee improper because statute applies to probation sentences | Tadgerson: fee should be deleted | Remanded — delete probation supervision fee from judgment (ministerial correction) |
| Court-appointed attorney fee & ability-to-pay | Prosecution: court may impose attorney fee post-conviction; remittance order under MCL 769.1l enforces collection and presumes nonindigency for prisoners | Tadgerson: trial court erred by imposing fee without first assessing ability to pay | Affirmed — imposing fee was permitted; remittance order does not require pre-enforcement ability-to-pay showing; defendant may later petition to contest garnishment |
| Sentencing clerical error: minimum term in judgment | Prosecution: N/A (both parties agree sentencing was 4y10m) | Tadgerson: judgment shows incorrect minimum term | Remanded — correct judgment to show 4 years and ten months minimum (ministerial correction) |
Key Cases Cited
- People v. Lueth, 253 Mich. App. 670 (2002) (standard of review for sufficiency of evidence)
- People v. Reese, 491 Mich. 127 (2012) (sufficiency review and viewing evidence in light most favorable to the prosecutor)
- People v. Hardiman, 466 Mich. 417 (2002) (sufficiency review principles)
- People v. Wolfe, 440 Mich. 508 (1992) (deference to jury on credibility and weight of evidence)
- People v. Carines, 460 Mich. 750 (1999) (circumstantial evidence and reasonable inferences can prove elements)
- People v. Nowack, 462 Mich. 392 (2000) (prosecutor need not negate every theory of innocence)
- People v. Kanaan, 278 Mich. App. 594 (2008) (resolving conflicts in evidence for the prosecution)
- People v. Nichols, 262 Mich. App. 408 (2004) ("has reason to know" requires analysis of facts/circumstances for reasonable cause to believe person was performing duties)
- People v. Kosik, 303 Mich. App. 146 (2013) (fact-finder determines inferences from evidence)
- People v. Jackson, 483 Mich. 271 (2009) (court-appointed attorney fees, remittance orders, and prisoner ability-to-pay enforcement procedure)