People of Michigan v. Cierra Marie Rozier
333241
| Mich. Ct. App. | Nov 28, 2017Background
- Defendant Cierra Marie Rozier was convicted by jury of second-degree home invasion and sentenced to five years’ probation.
- Two eyewitnesses (Gary Benton and Leo Sias) viewed a six-photo lineup shortly after the incident and identified Rozier; both made in-court identifications as well.
- Defense counsel (Jolina O’Berry) cross-examined witnesses, called an alibi witness (Makia Coleman-Carter) who testified Rozier was at work the day of the offense, and advised Rozier concerning the right to testify.
- Rozier alleged counsel was ineffective for (1) not suppressing an allegedly suggestive photo lineup and not fully impeaching Benton, (2) inadequately investigating/preparing an alibi, (3) improperly advising/waiving Rozier’s right to testify, and (4) failing to move for mistrial after a jury note about deadlock.
- The trial court denied a Ginther hearing; the Court of Appeals reviewed the existing record and affirmed the conviction, finding no deficient performance or prejudice.
Issues
| Issue | People’s Argument | Rozier’s Argument | Held |
|---|---|---|---|
| Photographic lineup suggestiveness | Lineup was not unduly suggestive; witnesses had opportunity to view suspect and made prompt, certain IDs | Lineup was suggestive (complexion, hair, tooth mark, placement) so counsel should have moved to suppress | Court: lineup not unduly suggestive under Kurylczyk/Biggers factors; counsel not ineffective |
| Impeachment of Benton with preliminary exam testimony | Counsel impeached Benton on cross and made strategic choices; impeachment risked emphasizing lineup ID | Counsel failed to adequately impeach Benton’s inconsistent preliminary-exam statements about identification | Court: counsel attempted impeachment; strategic decision and lack of prejudice—no ineffective assistance |
| Alibi investigation/preparation | Counsel called Coleman-Carter as alibi witness; additional records would be cumulative | Counsel failed to investigate, subpoena or produce employment/security records corroborating alibi; more witnesses available | Court: record shows counsel presented an alibi witness; no record support for claims of inadequate investigation; no prejudice |
| Right to testify / waiver | Counsel reviewed rights on record; defendant knew decision; advising against testifying was sound strategy given impeachment risk | Counsel improperly waived Rozier’s right or prevented her from testifying to deny possessing a key | Court: waiver inferred from record; no evidence counsel’s advice was unsound or prejudicial |
| Mistrial after jury note on unanimity | Court’s response that jury already had instructions cured any issue; mistrial not required | Counsel should have moved for mistrial when jury asked what if they cannot agree | Court: response adequate; counsel not obligated to make futile objections; no ineffective assistance |
Key Cases Cited
- People v Kurylczyk, 443 Mich. 289 (1993) (standard for unduly suggestive photographic lineups and application of Biggers factors)
- Neil v. Biggers, 409 U.S. 188 (1972) (factors for assessing reliability of identification)
- People v Gray, 457 Mich. 107 (1998) (inadmissible pretrial ID requires suppression absent independent basis)
- People v Lockett, 295 Mich. App. 165 (2012) (two-prong ineffective assistance standard and requirement to show prejudice)
- People v Ginther, 390 Mich. 436 (1973) (procedure for hearing ineffective assistance claims)