People of Michigan v. Jermaine Burton
327730
| Mich. Ct. App. | Oct 18, 2016Background
- In August 2014 Michael Kendrick was carjacked; he identified Burton from a live lineup the next day. Burton was arrested near Kendrick’s recovered car with Kendrick’s phone, cash, and a gun nearby. Burton denied committing the carjacking and claimed he was merely present at his aunt’s house.
- Police officers observed Kendrick’s car and followed it to a Detroit residence where Burton exited and fled; evidence found on Burton matched items taken from Kendrick.
- The prosecutor introduced other-acts evidence: Terrance Glenn identified Burton as the perpetrator of a separate carjacking four days earlier (Aug. 17, 2014).
- Following a bench trial Burton was convicted of carjacking, armed robbery, and felony firearm; sentenced as a third-offense habitual offender to concurrent 216–430 months for the violent offenses, consecutive to 2 years for felony firearm.
- Burton appealed, challenging (1) admission of other-acts evidence, (2) sufficiency of identity evidence, (3) ineffective assistance of counsel, (4) a Brady violation (suppressed videotape), and (5) Lockridge-based Sixth Amendment error in scoring OV 13; convictions were affirmed but remanded for Lockridge/Crosby sentencing procedures.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Burton) | Held |
|---|---|---|---|
| Admission of other-acts (MRE 404(b)) | Glenn’s testimony was relevant to rebut Burton’s "mere presence" defense and to identity | Admission was unfairly prejudicial and not sufficiently similar to the charged act | Admitted properly to rebut "mere presence"; identity rationale erroneous but harmless because correct result reached |
| Sufficiency of evidence (identity element) | Identification and circumstantial evidence established Burton as perpetrator | Mere presence in the vehicle insufficient to prove identity | Evidence sufficient to support conviction when viewed in prosecution’s favor |
| Ineffective assistance of counsel | Counsel’s choices were reasonable trial strategy; no prejudice | Counsel failed to obtain Glenn videotape, medical records, and notify witnesses | Claim fails: Burton did not meet Strickland prongs; factual predicates lacking and no reasonable probability of different outcome |
| Brady (suppressed videotape) | No evidence the tape existed or was in prosecution’s control; not material | Prosecutor suppressed a videotape of the Glenn carjacking that would impeach identification | Fails: no record the tape existed; even if it did, not material to this prosecution; claim forfeited and not plain error |
| Sentencing (OV 13 scoring; Lockridge) | OV 13 properly scored on pre-Lockridge preponderance rationale | Judicial fact-finding on uncharged Glenn carjacking impermissibly increased guideline floor | Sixth Amendment violation under Lockridge; remand required for Crosby-type inquiry whether court would have imposed a materially different sentence |
Key Cases Cited
- People v. Mardlin, 487 Mich. 609 (Mich. 2010) (framework for admitting other-acts evidence under MRE 404(b) and MRE 403)
- Lockridge v. Michigan, 498 Mich. 358 (Mich. 2015) (Michigan sentencing guidelines rendered advisory where judicial fact-finding increased mandatory floor)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged test for ineffective assistance of counsel)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecutor’s suppression of favorable evidence violates due process)
- People v. Tennyson, 487 Mich. 730 (Mich. 2010) (standard for sufficiency-of-the-evidence review)
- People v. Knapp, 244 Mich. App. 361 (Mich. Ct. App. 2001) (standard for harmlessness when other-acts evidence improperly admitted)
- People v. Chenault, 495 Mich. 142 (Mich. 2014) (Brady materiality standard)