People of Michigan v. Hayes Bacall
369227
Mich. Ct. App.Apr 14, 2025Background
- Defendant Hayes Bacall was convicted of first-degree murder and felony firearm following a 2010 shooting at a gas station, where both direct eyewitness and corroborating testimony indicated he killed the victim after a dispute over money.
- Bacall's defense at trial was self-defense, arguing he was threatened by the victim, who had a history of weapons use.
- The prosecutor made improper statements at trial, including falsely claiming Bacall had not previously asserted self-defense and raising an excluded concealed-carry permit issue in closing argument.
- Two key prosecution witnesses (Slieman Bashi and Samir Bacall) later recanted their trial testimony, with Bashi altering his account of the shooting and Samir admitting he had fabricated threats by the defendant due to grief.
- The Oakland County Conviction Integrity Unit recommended vacating Bacall's conviction based on these recantations, but the trial court denied relief, and a joint motion for reconsideration by Bacall and the prosecutor was also denied.
- On appeal, the Michigan Court of Appeals reviewed whether denial of a new trial was error in light of the recantations and previous prosecutorial misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| New trial based on recanted testimony | Recantations undermine original conviction; recommend new trial or reduction to second-degree murder | Recantations credible; prior testimony undermined; no fair trial previously | New trial is warranted; denial abused discretion |
| Effect of prosecutorial misconduct at trial | Prosecutor agrees prior errors tainted original verdict | Prosecutor's statements prejudiced fairness; impacted jury | Misconduct must be considered with new evidence; increases probability of different outcome |
| Proper remedy upon reversal | Stipulate to conviction of second-degree murder | Seek relief from first-degree murder conviction | Remedy is retrial, not direct entry of lesser conviction |
| Trial court's assessment of witness credibility | Trial court discounted Bashi's recantation, found Samir credible but outcome unchanged | Both recantations undermine evidence of premeditation | Both witnesses' recantations must be considered for cumulative effect |
Key Cases Cited
- People v. Cress, 468 Mich 678 (Mich. 2003) (sets forth the standard for granting a new trial based on newly discovered evidence)
- People v. Johnson, 502 Mich 541 (Mich. 2018) (explains trial court's role in evaluating credibility of new evidence on post-conviction relief)
- People v. Swain, 288 Mich App 609 (Mich. Ct. App. 2010) (standards for appellate review of denial of motion for relief from judgment)
- People v. Williams, 475 Mich 101 (Mich. 2006) (addresses when entry of a lesser offense is proper on reversal of greater offense)
