People of Michigan v. Harold Lamont Walker
327063
| Mich. Ct. App. | Dec 1, 2016Background
- On August 14, 2014 in Detroit police observed a group; Walker ran, clutched his right side, and officers later saw him discard an item into a bush. A loaded revolver was recovered from the bush. Three officers testified they saw him discard and remove a gun; Walker denied possession and claimed he discarded a beer bottle; a defense witness (Darryl Williams) testified he threw the gun.
- Walker was tried by jury and convicted of: felon in possession (MCL 750.224f), carrying a concealed weapon (MCL 750.227), and third-offense felony-firearm (MCL 750.227b). He was sentenced as a fourth-offense habitual offender.
- Sentence structure: concurrent terms for felon-in-possession and CCW (46 months to 75 years), each to be served consecutive to a 10-year term for felony-firearm; the court of appeals found a ministerial error about which convictions the felony-firearm term runs consecutive to.
- Walker appealed raising multiple claims: prosecutorial misconduct (improper rebuttal comment), coercive supplemental jury instruction, improper OV 19 scoring, insufficiency of evidence for felony-firearm, judicial bias, ineffective assistance of counsel, and requested correction of the judgment of sentence.
- The Court of Appeals affirmed convictions and most sentencing determinations but remanded for the ministerial correction that the felony-firearm sentence runs consecutive to the felon-in-possession conviction only (not the CCW conviction).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct (rebuttal) | Prosecutor argued Williams had nothing to lose by lying; defense objected. | Walker: comment impermissibly vouched / presented facts not in evidence and required reversal. | Court: remark improper but cured by objection and prompt instruction; no reversible error. |
| Supplemental "deadlock" jury instruction | Prosecution: trial court may give supplemental instructions to continue deliberations. | Walker: instruction was coercive (told jurors “that’s not the way this works,” threatened to "address" nonparticipating jurors). | Court: not coercive in context; departure from model instruction did not force verdict. |
| OV 19 scoring (10 points) | Prosecution: evidence showed interference (witness corroboration, jail contact) supporting 10 points. | Walker: refusal to give name alone cannot support 10 points. | Court: 10 points supported by evidence that witness likely lied/was influenced; score affirmed. |
| Sufficiency for felony-firearm | Prosecution: felony-firearm may be based on felon-in-possession conviction and evidence supports jury finding. | Walker: Legislature did not intend felony-firearm to be based on felon-in-possession. | Court: Bound by precedent (Dillard, Calloway); evidence sufficient; conviction affirmed. |
| Consecutive sentencing error | Prosecution concedes error in judgment of sentence language. | Walker: felony-firearm should run consecutive to felon-in-possession only, not CCW. | Court: Agrees; remands for ministerial correction of judgment of sentence. |
| Judicial bias / ineffective assistance | Prosecution: court’s questioning and rulings were proper; counsel made reasonable strategic choices. | Walker: trial judge showed bias; counsel failed to call witnesses, object, investigate. | Court: No plain-error/judicial-bias shown; counsel’s decisions were reasonable strategy; claims fail. |
Key Cases Cited
- People v. Stanaway, 446 Mich. 643 (1994) (prosecutor misconduct and limits on argument)
- People v. Hardin, 421 Mich. 296 (1984) (supplemental jury instructions and coercion standard)
- People v. Sullivan, 392 Mich. 324 (1974) (deadlock instruction coercion inquiry)
- People v. Smith, 488 Mich. 193 (2010) (OV scoring may consider post-offense conduct)
- People v. Hershey, 303 Mich. App. 330 (2014) (OV 19 interference by influencing witnesses supports 10 points)
- People v. Callon, 256 Mich. App. 312 (2003) (prosecutor may argue reasonable inferences from evidence)
- People v. Dillard, 246 Mich. App. 163 (2001) (felony-firearm may be based on felon-in-possession conviction)
- People v. Calloway, 469 Mich. 448 (2003) (same rule affirmed)
- People v. Stevens, 498 Mich. 162 (2015) (judicial conduct standard and plain-error review)
- People v. Heft, 299 Mich. App. 69 (2013) (ineffective assistance review limited to mistakes apparent on record)