People of Michigan v. Kallay Randal Batchelor, 330312

Background

Defendant Kallay Batchelor was convicted by a jury of first-degree premeditated murder for stabbing his estranged wife; sentenced to life without parole.
Victim had separated from Batchelor and told him she wanted a divorce; prosecution argued jealousy over her relationship motivated a planned killing.
Defense claimed victim let Batchelor into the home and then attacked him with a knife, so Batchelor acted in self-defense.
Police recorded Batchelor’s interview in which his accounts changed and he ultimately admitted being at the victim’s house and that an altercation caused her death.
Trial evidence included officers’ comments in the recorded interview, officer testimony comparing physical evidence to Batchelor’s statements, a demonstrative video showing how a credit card could defeat the back-door lock, and lay/expert testimony about wounds and the scene.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of officers’ credibility comments in recorded interview	Comments were admissible as context for Batchelor’s changing statements	Comments improperly opined on credibility and guilt	Waiver by defense counsel; alternatively admissible as context, no plain error
Admission of officers’ testimony criticizing defendant’s statements at trial	Testimony explained investigators’ conclusions and compared statements to physical evidence	Testimony improperly commented on credibility and expressed guilt opinions	Testimony admissible as lay opinion/explanation, no plain error
Admissibility of demonstrative video showing credit-card entry method	Video aided jury to assess whether entry could be without forced entry, relevant to premeditation	Video was unscientific and prosecutor’s witness was not an expert	Court admitted video as demonstrative, supported by witness’s personal knowledge; no abuse of discretion
Admission of lay/expert testimony re: wounds, scene, and whether wounds were defensive or self-inflicted	Witnesses qualified by experience/personal observations; testimony aided jury	Testimony was unqualified expert opinion and speculative	Testimony admissible as lay opinion or qualified expert opinion; objections would have been futile, no prejudice

Key Cases Cited

People v. Carter, 462 Mich. 206 (Mich. 2000) (defense counsel can waive objections and admission of evidence by express satisfaction)
People v. Dobek, 274 Mich. App. 58 (Mich. Ct. App. 2007) (discussing waiver and preservation)
People v. Vaughn, 491 Mich. 642 (Mich. 2012) (waiver extinguishes appellate review of evidentiary error)
People v. Musser, 494 Mich. 337 (Mich. 2013) (limits on witnesses opining about credibility; out-of-court interrogator comments admissible for context)
People v. Roscoe, 303 Mich. App. 633 (Mich. Ct. App. 2014) (review of unpreserved claims for plain error)
People v. Carines, 460 Mich. 750 (Mich. 1999) (plain-error test for unpreserved claims)
People v. Metamora Water Serv., Inc., 276 Mich. App. 376 (Mich. Ct. App. 2007) (preservation rules for evidentiary objections)
People v. Burns, 494 Mich. 104 (Mich. 2013) (abuse-of-discretion standard for evidence rulings)
People v. Unger, 278 Mich. App. 210 (Mich. Ct. App. 2008) (appellate review of discretionary rulings)
People v. Castillo, 230 Mich. App. 442 (Mich. Ct. App. 1998) (admissibility of demonstrative evidence that aids the factfinder)
People v. Bulmer, 256 Mich. App. 33 (Mich. Ct. App. 2003) (demonstrations need not exactly replicate events when used to illustrate testimony)
People v. Daniel, 207 Mich. App. 47 (Mich. Ct. App. 1994) (lay witness opinion admissible if rationally based on perception and helpful)
People v. Goodin, 257 Mich. App. 425 (Mich. Ct. App. 2003) (no ineffective assistance for failing to make futile objections)
People v. Asevedo, 217 Mich. App. 393 (Mich. Ct. App. 1996) (objection on one ground does not preserve different appellate claim)
People v. Stewart (On Remand), 219 Mich. App. 38 (Mich. Ct. App. 1996) (strategic choices do not equate to ineffective assistance)