People of Michigan v. Johnny Wayne Davis, 332009

July 4, 2015: Johnny Wayne Davis, Chiram Armstead, and Kyle Kelly broke into a motel room at the Victory Inn where victim Eleanor Blevins was staying; a 911 call captured threats and parts of the attack.
Surveillance video showed Armstead beat and strangle Blevins to death while Davis remained in the room, blocked the doorway, picked up the victim’s wig and used it to wipe the door handle, and left carrying bags of the victim’s belongings.
Davis admitted presence, picking up and using the wig, and carrying bags, but claimed he believed items belonged to Armstead and that he tried to break up the fight.
Trial evidence included autopsy photographs depicting severe head, neck, and facial injuries; Davis moved to exclude them as unduly prejudicial, but the trial court admitted several photos without reviewing them, asserting photographs of injuries are not prejudicial as a matter of principle.
Jury convicted Davis of second-degree murder (lesser included), first-degree home invasion, and torture on an aiding-and-abetting theory; he was sentenced as a third-offense habitual offender to consecutive prison terms for murder and home invasion and concurrent term for torture.
On appeal Davis challenged (1) admission of autopsy photographs, (2) sufficiency of the evidence to support aiding-and-abetting convictions, (3) jury instructions on malice (raised in pro se Standard 4 brief), and (4) imposition and proportionality of consecutive sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of autopsy photos	Photos were relevant to show nature/extent of injuries supporting murder/torture charges	Photos were gruesome and unduly prejudicial under MRE 403; trial judge erred by refusing to review them	Court: Trial judge erred procedurally but photos were highly probative and not unfairly prejudicial; admission harmless/no relief
Sufficiency of evidence for convictions	Prosecution: Davis aided and abetted Armstead—present, blocked exit, cleaned handle, carried stolen bags—so intent and assistance proven	Davis: Mere presence; believed property belonged to Armstead; tried to stop fight	Court: Evidence sufficient viewed in prosecution's favor to support aiding-and-abetting convictions
Jury instruction on malice	N/A (prosecution relied on standard instructions)	Davis (pro se): Instruction on malice inadequate	Waived at trial by defense counsel’s explicit no-objection; alternatively instruction conformed to pattern jury instruction
Consecutive sentencing & proportionality	State: MCL permits consecutive term for first-degree home invasion arising from same transaction; sentences within guidelines and presumptively proportionate	Davis: Consecutive terms effectively life-like; trial court biased and sentences cruel/unusual	Reviewed for plain error; court found discretion to impose consecutive sentence reasonable and sentences not cruel or unusual (guidelines range; presumption of proportionality)

People v Lukity, 460 Mich 484 (harmless-error standard for evidentiary errors)
People v Mills, 450 Mich 61 (photographs admissible to show nature/extent of injuries)
People v Robinson, 475 Mich 1 (aiding-and-abetting elements)
People v Moore, 470 Mich 56 (presence plus encouragement/assistance shows aiding and abetting)
People v Stafford, 434 Mich 125 (trial court duty to review proffered evidence for admissibility)
People v Kowalski, 489 Mich 488 (affirmative waiver of objections to jury instructions)
People v Milbourn, 435 Mich 630 (gross-disproportionality test for cruel or unusual punishment)