People of Michigan v. Demonte Marcellus Easterling
332702
| Mich. Ct. App. | Nov 28, 2017Background
- Victim Michael Freeland was found dead from blunt-force head trauma; his body showed defensive wounds and blunt-force injuries. Fire damage also present.
- Bria Blackmon and her half-brother DeMonte Easterling were tried jointly; both were implicated by cell records, surveillance, physical evidence (victim’s ID, credit cards, blood/DNA in vehicle/jacket, dumbbells with victim DNA), and post-offense purchases using victim cards.
- Blackmon admitted in police statements to striking Freeland with a lamp and baseball bat and taking his wallet; Easterling gave a statement admitting punching Freeland and taking a laptop, but later denied those admissions at trial.
- Jury convictions: Blackmon—first-degree premeditated murder, first-degree felony murder, armed robbery, conspiracy to commit armed robbery, illegal use of a financial transaction device. Easterling—second-degree murder (lesser of first-degree), felony murder, armed robbery, conspiracy to commit armed robbery.
- Sentences: Blackmon—two life-without-parole terms (for two first-degree murder convictions) plus long concurrent terms on other counts; Easterling—life without parole (felony murder) plus concurrent long terms on remaining counts.
- Appeals: Court of Appeals affirmed convictions generally, remanded to merge Blackmon’s duplicate first-degree murder convictions into a single conviction supported by alternative theories, and vacated Easterling’s second-degree murder conviction (double jeopardy).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to suppress statements (Blackmon) | Statements were voluntary; prosecution defended admissibility | Blackmon argued statements involuntary due to interrogation conditions/psychological vulnerability; counsel ineffective for withdrawing suppression motion | Court: No error apparent on record; counsel reasonably withdrew suppression after competency exam showed she could waive rights; no ineffective assistance shown |
| Ineffective assistance — failure to move for severance (Blackmon) | Joint trial permissible; Easterling testified so Bruton risk reduced | Blackmon argued counsel should have sought severance to avoid prejudice from Easterling's statements and testimony shifting blame | Court: Counsel deficient for not moving to sever, but error not prejudicial given overwhelming independent evidence; no new trial |
| Speedy trial (Blackmon) | Prosecution: trial within 11 months; delays largely attributable to defendant’s competency evaluations and motions | Blackmon argued delay violated Sixth Amendment/right to speedy trial | Court: Delay <18 months, defendant did not assert right, no showing of prejudice; no violation |
| Double jeopardy — dual first-degree murder convictions (Blackmon) | Prosecution maintained separate theories support convictions | Blackmon argued cannot be convicted twice for one death | Court: Agreed with Blackmon; remand to merge into single first-degree murder conviction supported by alternative theories (premeditation and felony murder) |
| Admission of autopsy photographs (Blackmon) | Photos probative to show nature/extent of injuries and corroborate testimony | Blackmon argued gruesome photos cumulative and unfairly prejudicial | Court: Photographs admissible; probative value for intent/credibility not substantially outweighed by prejudice; no abuse of discretion |
| Sufficiency (Easterling) — felony murder/robbery/conspiracy | Prosecution: evidence (admissions, contact, participation, possession/disposal of weapons, stolen items) supports convictions | Easterling argued insufficient proof he shared intent or committed acts beyond presence | Court: Evidence sufficient under direct-principal/aiding-and-abetting theories; convictions supported |
| Double jeopardy — felony murder and second-degree murder (Easterling) | Prosecution: charges distinct | Easterling argued dual murder convictions violate double jeopardy | Court: Vacated Easterling’s second-degree murder conviction due to double jeopardy |
| Failure to preserve recording of second interview (Easterling) | Prosecution: no recording existed due to malfunction; no bad faith; statements not exculpatory | Easterling argued recorded interview was lost and could be exculpatory | Court: No plain error—no bad faith, recording never created, statements were inculpatory, so no due-process violation |
Key Cases Cited
- People v. Matuszak, 263 Mich. App. 42 (discusses appellate review when ineffective assistance claim not raised below)
- People v. Pickens, 446 Mich. 298 (ineffective assistance standard)
- People v. Carbin, 463 Mich. 590 (prejudice standard; aiding-and-abetting and ineffective assistance prejudice test)
- Bruton v. United States, 391 U.S. 123 (Sixth Amendment confrontation rule for non-testifying co-defendant confessions)
- People v. Mills, 450 Mich. 61 (admissibility of gruesome photographs and MRE 403 analysis)
- Arizona v. Youngblood, 488 U.S. 51 (failure to preserve potentially useful evidence requires bad faith to violate due process)