People of Michigan v. Eugene Marcel Burton
370925
Mich. Ct. App.Mar 20, 2025Background
- Eugene Marcel Burton was convicted by a jury of two counts of assault with intent to murder and related firearm charges following a shooting incident near a Lansing home.
- The shooting occurred shortly after Burton argued with another man, Edward Johnson, during a party about a prior incident involving Burton’s sister’s house.
- Witness Larissa Ralston-School identified Burton as the shooter, stating that she saw him in the vehicle as gunshots were fired, injuring her and another individual.
- At trial, it was revealed that Johnson (a prior witness) discussed his testimony with Ralston-School before she testified, violating a witness sequestration order.
- Burton appealed, challenging both the admission of Ralston-School’s testimony (arguing it was tainted and unreliable) and the sufficiency of the evidence supporting his identity as the shooter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of tainted testimony | Testimony is admissible; no substantial prejudice. | Testimony is unreliable due to sequestration breach. | No plain error; admission was proper, jury to judge credibility. |
| Sufficiency of the evidence | Sufficient evidence supports identity and conviction. | Insufficient evidence to link Burton as the shooter. | Evidence was sufficient; conviction affirmed. |
| MRE 403 exclusion | Testimony is highly probative of identity. | Testimony’s unreliability outweighs probative value. | Testimony's probative value outweighed prejudice. |
| Sequestration order violation | Offered remedies (cross-examination, etc.) | Exclusion is warranted for breach of order. | Extreme remedy not warranted; alternative remedies offered. |
Key Cases Cited
- People v. Carines, 460 Mich 750 (plain error review standard for unpreserved issues)
- People v. Meconi, 277 Mich App 651 (sequestration order remedies and witness exclusion as a last resort)
- People v. Solloway, 316 Mich App 174 (credibility assessment is for the jury)
- People v. Bass, 317 Mich App 241 (circumstantial evidence suffices for establishing identity)
