People of Michigan v. David Brian Griffin
333345
| Mich. Ct. App. | Oct 12, 2017Background
- Defendant David Griffin was convicted by a jury of first-degree premeditated murder, assault with intent to commit murder, felon-in-possession, and felony-firearm relating to two shootings on October 21, 2015: one at his home on Westphalia Street (victim Michael Wilson, fatal) and one at a nearby coney island (victim Aaron Varner, nonfatal).
- The prosecution moved to consolidate the two informations and the trial court granted consolidation; the cases were tried together.
- Key trial evidence tying Griffin to the Westphalia shooting included witness identifications (neighbor testimony, a friend’s observation), spent 9 mm cartridge casings from both scenes matched to a 9 mm handgun recovered at the coney island (the handgun bore Griffin’s DNA on the trigger guard), and other circumstantial evidence linking the two incidents.
- Griffin raised three ineffective-assistance-of-counsel claims on appeal: (1) counsel failed to move to sever the charges; (2) counsel failed to present evidence of Griffin’s vision problems as a defense; and (3) counsel failed to object to the prosecution’s alleged mischaracterization of ballistics testimony in closing argument. He also sought remand for a Ginther hearing, which was denied by the Court of Appeals.
- The Court of Appeals reviewed ineffective-assistance claims under the Strickland framework and limited its review to matters apparent on the record because no Ginther hearing had been held.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance / consolidation of the two shootings | Consolidation was appropriate because shootings were related, contemporaneous, and connected by relationships and motive | The Westphalia and coney island shootings were separate incidents and should have been tried separately; counsel ineffective for not moving to sever | Court affirmed consolidation; shootings were related under MCR 6.120(B)(1); counsel not ineffective for failing to pursue a futile severance objection |
| Failure to present vision-impairment evidence | Trial counsel reasonably pursued other exculpatory theories (e.g., alibi/evidence someone else present) | Counsel should have introduced medical/vision evidence showing Griffin could not aim and shoot | Court held counsel’s strategic choice to present alternative defenses was reasonable; no ineffective assistance shown |
| Failure to object to alleged mischaracterization in closing (ballistics) | Prosecutor’s closing correctly stated that spent casings from both scenes matched the recovered 9 mm handgun | Griffin contended prosecution misstated expert testimony; counsel ineffective for not objecting | Court found prosecutor’s statements consistent with ballistics testimony; any objection would be futile; jury instruction cured any potential prejudice |
| Request for remand for Ginther hearing | Appellee argued record contained sufficient facts for appellate review | Griffin sought remand for evidentiary hearing to develop factual record on counsel’s performance | Court denied remand; concluded no further factual development was necessary for appellate review |
Key Cases Cited
- People v Solloway, 316 Mich. App. 174 (review standard for ineffective assistance and mixed questions of fact and law)
- People v Lockett, 295 Mich. App. 165 (presumption of effective assistance; defendant’s burden)
- People v Hoag, 460 Mich. 1 (defendant must establish factual predicate for ineffective-assistance claim)
- People v Putman, 309 Mich. App. 240 (futile objections do not establish ineffective assistance)
- People v Rockey, 237 Mich. App. 74 (trial decisions about what evidence to present are presumed trial strategy)
- People v Fyda, 288 Mich. App. 446 (jury presumed to follow instructions that lawyers’ statements are not evidence)