People of Michigan v. Darrell Leonard Smith
327575
| Mich. Ct. App. | Oct 6, 2016Background
- Traffic stop on Sept. 6, 2010 after officer observed an improperly registered license plate; defendant (Smith) was a passenger.
- After driver’s arrest, Smith told officers he was armed; officers detained him, obtained consent for a pat-down, and found cocaine in his pants.
- Police obtained a search warrant for the home listed on Smith’s license and discovered additional cocaine, marijuana, clothing linking Smith to the residence, and multiple firearms.
- Smith was convicted by jury of possession with intent to deliver 50–450 grams of cocaine, possession of <25 grams of cocaine, two felony-firearm counts, and possession of marijuana.
- Smith appealed claiming (1) judicial bias due to the trial judge’s repeated rebukes of defense counsel and (2) ineffective assistance of counsel for failing to move to suppress evidence, lacking trial strategy, and provoking antagonism with the judge.
- The Court of Appeals affirmed convictions and sentences, finding no judicial partiality that likely influenced the jury and no ineffective assistance apparent on the record.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Smith) | Held |
|---|---|---|---|
| Judicial bias by trial judge | Judge’s remarks and raised voice were proper courtroom control and curative instructions were given | Judge’s mockery, criticism, and shouting created appearance of partiality and denied fair trial | No reversible bias: comments were responses to disruptive defense counsel, curative instructions given; no appearance of advocacy |
| Counsel ineffective for not filing suppression motion | Stop, detention, pat-down, and subsequent warrant/search were lawful so suppression would fail | Counsel should have moved to suppress drugs and firearms seized during stop and search of home | No prejudice: traffic stop valid; defendant consented to pat-down; evidence admissible; suppression motion would have failed |
| Counsel lacked reasonable trial strategy | Counsel attacked officer credibility and cross-examined to undermine prosecution—reasonable strategic choices | Counsel failed to present coherent strategy, leading to poor defense | No ineffective assistance: chosen strategy was within wide range of reasonable tactics; failure to prevail is not ineffective assistance |
| Counsel’s disruptive behavior prejudiced defendant | Court control responses were justified; prosecution proceeded; juror instructions mitigated impact | Counsel’s antagonism provoked judicial rebukes that created appearance of bias and prejudiced Smith | No prejudice shown: record contained strong, corroborating evidence of guilt; no reasonable probability of different outcome |
Key Cases Cited
- People v. Stevens, 498 Mich. 162 (Mich. 2015) (standard for when judicial conduct creates appearance of advocacy or partiality)
- Whren v. United States, 517 U.S. 806 (1996) (traffic stop permissible if officer has probable cause of traffic violation)
- Kimmelman v. Morrison, 477 U.S. 365 (1986) (to challenge counsel’s failure to litigate Fourth Amendment claim, defendant must show the claim was meritorious and outcome would likely differ)
- People v. Trakhtenberg, 493 Mich. 38 (Mich. 2012) (Strickland standard and presumption of effective assistance of counsel)