People of Michigan v. Harry Maine Jr
328475
| Mich. Ct. App. | Nov 10, 2016Background
- Defendant Harry Maine, Jr. was convicted of armed robbery, felonious assault (assault with a dangerous weapon), and assault with intent to do great bodily harm (lesser included of assault with intent to murder); sentenced as a fourth habitual offender to concurrent lengthy terms.
- Victims Latonya Gardner and Bruce Ready testified that Maine entered Ready’s apartment, threatened Gardner, demanded money, and stabbed Gardner; Ready owed Maine $10.
- Maine testified he stabbed Gardner while trying to disarm her because she had a gun and he feared for his life; he fled the scene and did not call police.
- Prosecutor argued Maine’s flight supported consciousness of guilt; no jury instruction on flight (M Crim JI 4.4) was given. The jury was instructed on self-defense.
- Maine waived a direct challenge to the jury instructions by expressing satisfaction at trial and instead raised ineffective-assistance-of-counsel for not requesting a flight instruction on appeal.
- The trial court record contained no posttrial Ginther hearing or new-trial motion, limiting appellate review to errors apparent on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was denied a fair trial because the court did not give a flight instruction | Prosecutor argued flight was admissible and supported guilt; no specific position that omission required reversal beyond record | Failure to request M Crim JI 4.4 deprived jury of guidance on how to consider flight and allowed prosecutor to equate flight with guilt | Court affirmed: counsel’s failure to request instruction was reasonable trial strategy and defendant not prejudiced; conviction upheld |
| Whether defense counsel was ineffective for not requesting a flight instruction | Counsel satisfied instructions at trial; appellate focus is on whether omission was unreasonable and prejudicial | Counsel’s omission was deficient and prejudiced result because jury likely inferred guilt from flight | Court: Performance was objectively reasonable (strategic choice); no prejudice given strong evidence of guilt |
| Whether appellate review is constrained by failure to seek Ginther/new-trial hearing | State asserts procedural default limits review to apparent record errors | Defendant contends ineffective-assistance claim should be considered despite no Ginther hearing | Court applied limited review (errors apparent on record) and found no reversible error |
| Whether flight evidence required a specific instruction to mitigate prosecutor’s argument | Prosecution may argue flight as evidence; jury instruction optional if party declines | Defendant argues instruction was necessary because flight can be innocent | Court: Evidence supported instruction but defense may reasonably decline it; omission not reversible here |
Key Cases Cited
- People v Kowalski, 489 Mich. 488 (Michigan 2011) (waiver of jury-instruction challenge when defendant expresses satisfaction at trial)
- People v Cox, 268 Mich. App. 440 (Mich. Ct. App. 2005) (preservation requirement: move for new trial or Ginther hearing to preserve ineffective-assistance claim)
- People v Matuszak, 263 Mich. App. 42 (Mich. Ct. App. 2004) (appellate review limited to errors apparent on the record when no Ginther hearing)
- People v Dobek, 274 Mich. App. 58 (Mich. Ct. App. 2007) (trial court must instruct on applicable law and defenses supported by evidence)
- People v Coleman, 210 Mich. App. 1 (Mich. Ct. App. 1995) (evidence of flight is admissible)
- People v Taylor, 195 Mich. App. 57 (Mich. Ct. App. 1992) (flight may have innocent explanations; jury decides reason for flight)
- People v Vaughn, 491 Mich. 642 (Michigan 2012) (standards for ineffective assistance of counsel under Strickland)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: performance and prejudice)
- People v Dunigan, 299 Mich. App. 579 (Mich. Ct. App. 2013) (courts should not second-guess reasonable strategic trial decisions)
- People v Ginther, 390 Mich. 436 (Michigan 1973) (procedure for developing ineffective-assistance claims via Ginther hearing)