People of Michigan v. Henry Reed Jr
332001
| Mich. Ct. App. | Jul 25, 2017Background
- On August 4, 2015, pedestrian Darlene Austin was struck and fatally injured by two vehicles; the second vehicle ran over her and she died shortly thereafter.
- Witnesses reported a dark blue pickup stopped briefly after the collision; the driver exited, returned to the truck, and drove off.
- A sway bar component was found at the scene; defendant’s pickup had front-end damage and a missing bolt consistent with that part.
- Police stopped and arrested Henry Reed Jr. days later based on the vehicle description; Reed signed a written confession admitting involvement.
- Reed was tried by jury, convicted under MCL 257.617(2) (failure to stop at the scene causing serious impairment or death), acquitted of operating while license suspended causing death, and sentenced as a fourth-offender to 5–15 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury should have been instructed on causation for MCL 257.617(2) | Not required; statute under (2) does not include a causation element | Feezel requires causation instruction for hit-and-run causing death | Court: No error — MCL 257.617(2) lacks an explicit causation element, so no instruction required |
| Whether counsel was ineffective for not requesting a causation instruction | Failure to request a meritless instruction cannot be ineffective | Counsel erred by not requesting causation instruction, prejudicing defense | Court: No ineffective assistance — requesting causation would have been meritless (Strickland not met) |
| Whether evidence was constitutionally sufficient to prove elements of MCL 257.617(2) | Sufficient: vehicle ID, physical evidence (sway bar, damage), eyewitnesses, confession, and death | Evidence insufficient because prosecutor did not prove defendant caused the accident | Court: Evidence sufficient to establish driver involvement, knowledge, failure to stop, and death; causation not required for §617(2) conviction |
| Whether trial court erred denying directed verdict on operating while license suspended causing death (acquitted) | Denial proper; sufficient evidence to submit to jury | Denial led to jury compromise and should have been granted | Court: No error — ample evidence supported submission; jurors presumed to follow instructions, acquittal does not show error |
Key Cases Cited
- People v Feezel, 486 Mich. 184 (2010) (distinguishing §617(3) causation requirement from §617(2))
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- People v Goodin, 257 Mich. App. 425 (2003) (counsel not required to make meritless motion)
- People v Hampton, 407 Mich. 354 (1979) (sufficiency of evidence standard for criminal convictions)
- People v Graves, 458 Mich. 476 (1998) (presumption that jurors follow instructions)
- People v Gonzalez, 256 Mich. App. 212 (2003) (preservation and plain error standard for jury instructions)
- People v Carines, 460 Mich. 750 (1999) (plain error test requirements)
- People v Ginther, 390 Mich. 436 (1974) (procedure for preserving ineffective assistance claims)
- People v Lopez, 305 Mich. App. 686 (2014) (preservation of ineffective assistance claims)
- People v Matuszak, 263 Mich. App. 42 (2004) (review limited to errors apparent on the record for unpreserved ineffective assistance claims)
- People v Lueth, 253 Mich. App. 670 (2002) (de novo review for sufficiency of the evidence)