People of Michigan v. Christopher Michael Taylor
329358
| Mich. Ct. App. | Jun 29, 2017Background
- In November 2014 Xavier Embry was fatally shot while seated in his car in Battle Creek; two eyewitnesses observed a shooter wearing camouflage-style clothing.
- Witness John Obyrne saw the shooter approach from the rear, heard two shots, and within about 10 minutes identified defendant Christopher Taylor at a nearby house where police had found him wearing similar clothing.
- A police canine track led officers from where Obyrne last saw the shooter to 213 Howland, where Taylor was located; a 9mm handgun was recovered in the backyard.
- Forensic evidence linked the recovered gun to the shooting (bullet and casing match) and a latent fingerprint on the gun’s magazine matched Taylor; a photo of a handgun on Taylor’s phone was consistent with the recovered weapon.
- Taylor was convicted by a jury of first-degree premeditated murder, two counts of felony-firearm, and being a felon in possession of a firearm; he appealed asserting ineffective assistance and due-process errors relating to identification and presentation of exculpatory evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not presenting testimony that Taylor and Embry were acquaintances | Counsel’s performance was reasonable; defendant’s proposed testimony was speculative and not shown to counsel | Counsel failed to call relatives who would testify Taylor and Embry socialized, which would have created reasonable doubt | Not ineffective: record shows no indication counsel knew of or declined those witnesses; even if presented, overwhelming inculpatory evidence made a different outcome unlikely |
| Whether Obyrne’s on-scene identification and resulting in-court ID were unduly suggestive and violative of due process | ID was reliable given promptness and corroborating circumstances | On-scene showup was suggestive and tainted the in-court ID | No due-process violation: prompt on-scene ID was permissible and supported by tracking, fresh observation, and forensic links; counsel not ineffective for failing to object |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-prong test for ineffective assistance of counsel)
- People v. Trakhtenberg, 493 Mich. 38 (1992) (applying Strickland standards; burden to show reasonable probability of different outcome)
- People v. Vaughn, 491 Mich. 642 (2012) (presumption of effective assistance; defendant’s heavy burden)
- People v. Libbett, 251 Mich. App. 353 (2002) (prompt on-scene identifications are not per se improper and serve reliability in apprehension)
- People v. Williams, 244 Mich. App. 533 (2001) (pretrial identification challenge requires showing the procedure was so suggestive that it created a substantial likelihood of misidentification)