People of Michigan v. Jakeeme Orlando Griffin
325275
| Mich. Ct. App. | Oct 6, 2016Background
- Jakeeme Griffin was convicted by a jury of two counts assault with intent to do great bodily harm less than murder (AWIGBH), two counts felonious assault, felon-in-possession, felony-firearm, and carrying a concealed weapon arising from an April 18, 2014 shooting in which he admitted firing a handgun toward Juan Hassel Jr. and Ponenail "P.J." Wright Jr.
- Dispute centered on whether Griffin acted in self-defense; witnesses gave conflicting accounts about who threatened whom and who fired first; Griffin admitted he fired but claimed he believed a victim had a gun.
- Physical evidence included bullet holes in a U-Haul; several eyewitnesses testified Griffin fired first and had threatened the victims; Griffin had a prior felony conviction (stipulated at trial).
- Trial judge sentenced Griffin as a second-offense habitual offender to concurrent and consecutive terms (including a mandatory two-year felony-firearm term); Griffin appealed.
- On appeal Griffin raised prosecutorial-misconduct/vouching, sufficiency and great-weight of the evidence (self-defense), double jeopardy, procedural jury-selection/oath defects, ineffective assistance of counsel, and a Lockridge Sixth Amendment challenge to judicial fact-finding when scoring offense variables (OVs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct (vouching/labeling defendant a liar) | Prosecutor’s closing properly argued inferences from evidence and did not imply special knowledge of witness truthfulness | Griffin argued prosecutor vouched for witnesses and improperly called him a liar | No plain error; remarks were permissible inferences or based on facts/admissions; jury instructions cured any potential prejudice |
| Sufficiency / great-weight of evidence; self-defense | Prosecution: evidence (eyewitnesses, admissions, threats, bullet holes) supports convictions and shows Griffin was initial aggressor or used excessive force | Griffin: he acted in self-defense; jury verdicts were against great weight | Convictions supported by sufficient evidence; denial of new trial not an abuse—conflicting testimony is for jury to resolve |
| Double jeopardy (multiple punishments) | Prosecution: statutes and precedent permit convictions for AWIGBH, felonious assault, felon-in-possession, felony-firearm, and CCW together | Griffin: multiple punishments violate double jeopardy | No double jeopardy violation; offenses have different elements or are permitted together under controlling precedent |
| Ineffective assistance / procedural jury-selection/oath claims | Trial counsel’s failures were either meritless or unsupported by the record; jury selection/oath claims lack record proof | Griffin argued counsel failed to object/raise issues and failed to call favorable witnesses | No ineffective-assistance shown: objections would be futile or lack factual predicate; counsel’s choices presumed strategic; Griffin failed to support witness claims |
| Lockridge challenge — judicial fact-finding to score OVs | Prosecutor: OVs were scored based on facts found by jury or admitted by Griffin at trial (testimony) | Griffin: OVs (OV1, OV2, OV3, OV9) were based on facts not found by jury/admitted and thus raised Sixth Amendment error | No plain Lockridge error: contested OV facts were either admitted by Griffin under oath at trial or found by the jury; no resentencing required |
Key Cases Cited
- People v Brown, 294 Mich. App. 377 (prosecutorial-misconduct standard for preserved/unpreserved claims)
- People v Pipes, 475 Mich. 267 (plain error test for unpreserved claims)
- People v Carines, 460 Mich. 750 (plain-error reversal standard)
- People v Bahoda, 448 Mich. 261 (prosecutorial vouching prohibited; permissible argument explained)
- People v Dobek, 274 Mich. App. 58 (limits on prosecutors’ closing arguments)
- People v Dupree, 486 Mich. 693 (prosecution’s burden to disprove self-defense once defendant produces some evidence)
- People v Stevens, 306 Mich. App. 620 (elements and evidentiary rules for AWIGBH and sufficiency review)
- People v Lockridge, 498 Mich. 358 (Sixth Amendment and advisory-guidelines remedy for judicial fact-finding)
- Apprendi v. New Jersey, 530 U.S. 466 (principle limiting judicial fact-finding that increases penalties)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard)