People of Michigan v. James Thomas Walton
332901
| Mich. Ct. App. | Oct 17, 2017Background
- On Sept. 8, 2015 James Walton shot Joel Nelms multiple times; Nelms was hospitalized and Walton was tried by jury.
- Walton was convicted of assault with intent to do great bodily harm less than murder (AWIGBH), felon-in-possession, and felony-firearm.
- Sentences (as a second-offense habitual offender): AWIGBH 47 months–15 years; felon-in-possession 30 months–7.5 years (concurrent); felony-firearm mandatory consecutive 2 years.
- Before trial Walton requested substitution of court-appointed counsel (wanted prior counsel reappointed), alleging insufficient jail visits, arrogant demeaner, and lack of confidence. The trial court denied substitution.
- Walton appealed, arguing the denial of substitute counsel was an abuse of discretion and that his sentences were unreasonable/disproportionate under Lockridge. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying request for substitute appointed counsel | State: trial court properly exercised discretion and appointed counsel (Clark) was adequate | Walton: counsel failed to visit jail, was arrogant, did not inspire confidence; wanted original counsel reappointed | No abuse of discretion. Walton showed only general unhappiness; record showed counsel met with him, was prepared, and vigorously defended him. |
| Whether Walton’s sentences were unreasonable under Lockridge and disproportionate | State: sentences were within advisory guidelines (or mandatory) and presumptively proportionate; no scoring error or inaccurate information | Walton: sentence (particularly AWIGBH) was disproportionate/unreasonable | Affirmed. AWIGBH minimum (47 months) was within advisory range and presumptively proportionate under MCL 769.34(10); felony-firearm mandatory 2 years proper; felon-in-possession concurrent and subsumed by AWIGBH. |
Key Cases Cited
- People v Strickland, 293 Mich App 393 (2011) (standard for abuse-of-discretion review and when substitution of counsel is required)
- People v Buie, 298 Mich App 50 (2012) (indigent defendant not entitled to chosen counsel; convictions not set aside absent record showing counsel inattentive)
- People v Mack, 190 Mich App 7 (1991) (good cause for substitution requires legitimate dispute over fundamental trial tactic)
- People v Lockridge, 498 Mich 358 (2015) (review for reasonableness of departures post-Holder/Blakely; guidance on appellate review)
- People v Schrauben, 314 Mich App 181 (2016) (Lockridge did not modify MCL 769.34(10); within-guidelines sentences affirmed absent scoring error)
- People v Bowling, 299 Mich App 552 (2013) (discussion of proportionality and unusual circumstances for departure)
- People v Meeks, 92 Mich App 433 (1979) (felony-firearm mandatory sentence rule)
- People v Lopez, 305 Mich App 686 (2014) (when higher-offense guidelines subsume lower-offense guidelines so lower need not be scored)
- People v Richmond, 486 Mich 29 (2010) (concurrent sentence principles and related procedural points)
- People v Fisk, 491 Mich 935 (2012) (noting mootness where a longer concurrent sentence makes challenges to a shorter sentence practically ineffective)