People of Michigan v. Djon Leocardie Dubose
328118
| Mich. Ct. App. | Oct 13, 2016Background
- Three-month-old child died days after being taken to hospital; injuries sustained while child was in defendant Djon Dubose’s exclusive care.
- Medical examiner (Dr. Jensen) found multiple rib fractures, an old toe fracture, and a skull fracture consistent with blunt-force trauma inflicted by an adult; ruled manner of death homicide.
- Dubose gave varying accounts (including that injury occurred while performing CPR or when placed on a kitchen counter).
- Trial court (bench trial) found the medical testimony credible, rejected Dubose’s explanations, and convicted him of first-degree child abuse and first-degree felony murder.
- Sentences: life without parole for felony murder; 15–30 years for first-degree child abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree child abuse (and predicate for felony murder) | Evidence (medical examiner, exclusive custody, conflicting defendant statements) proves Dubose knowingly/intentionally caused serious physical harm | Insufficient proof of intent/knowledge; injuries could be accidental or from CPR | Court: Evidence (circumstantial + medical opinion + custody + inconsistent explanations) sufficient to infer intent/knowledge; convictions affirmed |
| Ineffective assistance of counsel for not investigating/using expert witness | Defense counsel cross-examined the medical examiner but did not call or consult a rebuttal expert—this deprived Dubose of effective assistance | Counsel’s preparation and strategic choice to attack credibility on cross-examination was reasonable; no record showing counsel failed to investigate or that an expert would have changed outcome | Court: No evidentiary hearing warranted; record does not show deficient performance or prejudice; claim fails |
Key Cases Cited
- People v Nowack, 462 Mich 392 (discusses standard for reviewing sufficiency and deference to factfinder)
- People v Kanaan, 278 Mich App 594 (conflicts in evidence resolved in favor of prosecution)
- People v Lane, 308 Mich App 38 (elements of felony murder and use of circumstantial evidence)
- People v Gould, 225 Mich App 79 (elements of first-degree child abuse)
- People v Maynor, 470 Mich 289 (intent/knowledge required for first-degree child abuse)
- People v Carines, 460 Mich 750 (malice may be inferred from intentionally setting in motion force likely to cause death/great bodily harm)
- Strickland v Washington, 466 US 668 (standard for ineffective assistance of counsel)
- People v Ginther, 390 Mich 436 (requirement for evidentiary hearing on ineffective-assistance claims)