People of Michigan v. Garry Lee Davis
327835
Mich. Ct. App.Oct 11, 2016Background
- Defendant Garry Lee Davis was convicted by a jury of felon in possession of a firearm (MCL 750.224f) and second-offense felony-firearm (MCL 750.227b) after a December 2014 search of his parents’ home produced two firearms found between a mattress and box spring of an upstairs bedroom.
- Police recovered defendant’s Michigan ID and MDOC ID in that upstairs bedroom, and the father testified the room was defendant’s.
- Father testified at trial that the guns belonged to him and (contradictorily) that the guns were not in the upstairs bedroom; father claimed he had not disclosed this earlier and had contacted Internal Affairs.
- Defendant moved for a new trial and a Ginther hearing, claiming trial counsel failed to investigate and did not interview/call mother and girlfriend, who proffered affidavits saying defendant had not stayed at the parents’ home for weeks and the guns were not under the mattress.
- Trial counsel testified he spoke with defendant, father, mother, and girlfriend; he made strategic choices not to call mother/girlfriend because their testimony would be cumulative or potentially harmful (conflict with MDOC address).
- The trial court denied the motion; on appeal the Court of Appeals affirmed, holding the evidence was sufficient for constructive possession and counsel’s investigation and witness decisions were reasonable strategy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove possession | People: constructive possession proven by IDs in room, father’s admission room was defendant’s, and guns found beneath mattress (proximity + accessibility) | Davis: he did not possess or know of the guns; father’s testimony that guns belonged to father and defendant had not stayed there recently undercuts constructive possession | Court: Evidence sufficient; constructive possession may be inferred from defendant’s close nexus to room, IDs found there, and location of guns under mattress |
| Ineffective assistance for failure to investigate/call witnesses | People: counsel investigated, spoke to mother and girlfriend, and made reasonable strategic choices; additional testimony would be cumulative or harmful | Davis: counsel met minimally, failed to interview mother/girlfriend and verify father’s IA contact; this deprived him of a substantial defense | Court: No ineffective assistance; counsel’s performance was reasonable trial strategy, additional testimony would be cumulative or contradict defendant’s own MDOC address, and no prejudice shown |
Key Cases Cited
- People v. Henderson, 306 Mich. App. 1 (Mich. Ct. App. 2014) (standard for reviewing sufficiency of evidence)
- People v. Minch, 493 Mich. 87 (Mich. 2012) (constructive possession test: sufficient nexus between defendant and contraband)
- People v. Johnson, 466 Mich. 491 (Mich. 2002) (constructive possession: proximity plus indicia of control)
- People v. Burgenmeyer, 461 Mich. 431 (Mich. 1999) (weapon known location and reasonable accessibility support constructive possession)
- People v. Trakhtenberg, 493 Mich. 38 (Mich. 2012) (standard of review for ineffective-assistance claims; counsel must investigate or reasonably decline)
- People v. Vaughn, 491 Mich. 642 (Mich. 2012) (Strickland prejudice standard adopted; strong presumption of adequate assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)