People of Michigan v. Joei Alexander Jordan
326735
| Mich. Ct. App. | Oct 11, 2016Background
- On July 23, 2013, Joei Jordan, Shaquille Jones, and Dajeon Franklin committed two shortly spaced home invasions in Ann Arbor; items stolen from 210 N. Ingalls led police to Jordan.
- During the second invasion at 220 N. Ingalls, Franklin struck and fatally shot occupant Paul DeWolf; Franklin was the shooter.
- Jordan admitted entering the homes, testified about discussions with Franklin regarding robbery and a gun, and acknowledged participating in the invasions; he also pleaded guilty to related offenses arising from the 210 N. Ingalls incident.
- A jury convicted Jordan of first-degree felony murder, first-degree home invasion, and conspiracy to commit first-degree home invasion; he received life without parole for murder and concurrent terms for the other convictions.
- Jordan appealed, challenging sufficiency of the evidence for felony murder (aiding-and-abetting), admission of other-acts evidence (the earlier 210 invasion and postcrime text messages), and ineffective assistance of counsel regarding plea/sentencing advice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (aiding-and-abetting) | Prosecution: Jordan aided and encouraged the home invasion, knew Franklin was armed or that murder was a natural and probable consequence, so felony-murder conviction is supported. | Jordan: Insufficient proof he knew Franklin had a gun or intended Franklin to use it; relying on Rosemond, his aiding role was insufficient for felony murder. | Affirmed: Michigan aiding-and-abetting law applies; evidence supported that Jordan aided/encouraged the invasion and that murder was a natural and probable consequence. |
| Admission of other-acts evidence re: 210 N. Ingalls invasion | Prosecution: Evidence showed intent, plan, and conspiracy—probative of Jordan’s scheme and not substantially prejudicial. | Jordan: The earlier invasion had no probative value and was unduly prejudicial. | Affirmed: Evidence was probative of intent/conspiracy and not substantially outweighed by unfair prejudice; error claim forfeited by lack of argument. |
| Ineffective assistance re: plea/sentencing advice (life without parole) | Prosecution: Counsel credibly advised Jordan repeatedly about the risk of life imprisonment and the mandatory consequences of felony murder; no deficient performance or prejudice. | Jordan: Counsel failed to inform him he would receive life without parole, so he would have accepted a plea if properly advised. | Affirmed: Trial court credited defense counsel; Jordan failed to show counsel’s performance was deficient or that outcome would have been different. |
| Admission of postcrime text messages (Ex. 116) | Prosecution: Texts showed intent, scheme, plan, and motive; relevant and not unfairly prejudicial; limiting instruction given. | Jordan: Text messages were improper other-acts evidence and should have been excluded. | Affirmed: Texts served a proper noncharacter purpose, were relevant, probative not substantially prejudicial, and a limiting instruction was provided. |
Key Cases Cited
- Rosemond v. United States, 134 S. Ct. 1240 (2014) (federal aiding-and-abetting decision discussed by defendant; Court holds Rosemond not controlling here)
- People v. Carines, 460 Mich. 750 (1999) (elements for aiding and abetting)
- People v. Robinson, 475 Mich. 1 (2006) (natural-and-probable-consequences/aiding-and-abetting intent standard)
- People v. VanderVliet, 444 Mich. 52 (1993) (four-part test for admissibility of other-acts evidence)
- Lafler v. Cooper, 132 S. Ct. 1376 (2012) (prejudice standard for ineffective assistance in plea context)