People of Michigan v. Justin Milton Bell
329070
| Mich. Ct. App. | Jan 26, 2017Background
- Justin Bell was arrested Feb 20, 2015 after police followed footprints to a vacant house and found a short‑barreled shotgun; he was linked to an armed robbery of Larry Verse the same night. Police recovered $16 and a wallet bearing Verse’s name on Bell.
- Bell gave a written, initialed statement admitting he had a shotgun and saying he took $10–$15 and a wallet; the custodial interrogation was conducted in a room equipped for audiovisual recording, but the recording was not available at trial.
- At trial the jury convicted Bell of armed robbery, one count of possession of a short‑barreled shotgun, and felony‑firearm; the court later imposed sentences including 18–40 years (armed robbery) and concurrent 3–5 year terms on two possession counts (the court had two charging dockets but the jury returned only one possession verdict).
- Bell challenged (1) counsel’s failure to request a MCL 763.9 jury instruction about the missing interrogation recording; (2) denial of a requested adjournment to obtain transcripts from an earlier trial; (3) judicial fact‑finding used to score OVs that increased his guidelines minimum (Lockridge/Alleyne issue); and (4) being sentenced on a possession count for which no separate jury verdict was returned.
- The Court of Appeals: (a) found no prejudice from counsel’s waiver of the MCL 763.9 instruction because defense thoroughly attacked the statement’s credibility; (b) affirmed denial of adjournment for lack of shown prejudice; (c) agreed Lockridge required a Crosby remand because judicial OV findings raised the guidelines floor; and (d) ordered vacatur of the duplicate possession conviction/sentence and an amended judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to give MCL 763.9 jury instruction re: missing custodial audiovisual recording | Recording equipment was not "operational or accessible," so MCL 763.9 did not apply | Court should have instructed jury that absence of recording may be considered; counsel ineffective for waiving instruction | Trial court erred in not giving instruction but counsel’s waiver was not prejudicial; claim of ineffective assistance denied |
| Denial of adjournment to obtain transcripts from earlier trial | Proceeding without transcripts was proper; defendant failed to show prejudice | Needed transcripts for impeachment and preparation; adjournment warranted | Denial affirmed — defendant did not show prejudice or how preparation would differ |
| Judicial fact‑finding to score OVs (1, 8, 10) that increased guidelines minimum | Sentencing court properly applied OVs based on record | Judicial fact‑finding violated Sixth Amendment (Lockridge/Alleyne); Crosby remand required | Plain error: Lockridge error affected substantial rights; remand for Crosby proceedings ordered |
| Sentencing on two possession counts though jury convicted on only one | Sentencing court treated both charging dockets as merged and imposed concurrent sentences | Jury returned a verdict only on one possession count; second sentence exceeds jury’s verdict | Court ordered vacatur of the duplicate possession conviction/sentence and issuance of amended judgment |
Key Cases Cited
- Lockridge, 498 Mich 358 (holding Michigan guidelines unconstitutional to the extent they permit judicial fact‑finding that mandatorily increases the minimum sentence) (adopted and applied)
- Alleyne v. United States, 133 S. Ct. 2151 (Supreme Court rule that any fact increasing mandatory minimum must be found by a jury)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Vaughn, 491 Mich 642 (discussing prejudice prong under Strickland in Michigan context)
- United States v. Crosby, 397 F.3d 103 (2d Cir.) (procedural framework for remanding when sentencing was based on judge‑found facts)