People of Michigan v. Kelvin Moore
327260
| Mich. Ct. App. | Oct 18, 2016Background
- Bench trial conviction: felon-in-possession, carrying a concealed weapon, and felony-firearm.
- Sentences: felon-in-possession 1–5 years consecutive to 2-year felony-firearm term; conceal carry 1–5 years concurrent with felony-firearm.
- Traffic stop occurred Aug 17, 2012 in Detroit; defendant fled on foot after vehicle stop.
- Firearm discharged from waistband onto front lawn; officer recovered it for evidence.
- Another officer located defendant hiding under bushes; positive identification by officer.
- Defendant appealed arguing the verdict was against the great weight of the evidence; trial court credibility determinations challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the verdict against the great weight of the evidence? | Moore argues the evidence fails to prove he fled or possessed the firearm. | Moore contends the evidence does not support guilt beyond a reasonable doubt and weights against credibility. | Not against the great weight; trial court credibility supported conviction. |
| Did absence of dash-cam video and fingerprint evidence undermine sufficiency? | Evidence from officers was sufficient to convict despite no dashcam or fingerprints. | Lack of video and fingerprints weakens the prosecution's case. | Sufficiency affirmed; absence of dashcam/fingerprints did not require reversal. |
| Did the trial court properly evaluate credibility of witnesses? | Court-area credibility supported by identification and defendant's flight behavior. | Defendant disputes eyewitness credibility and self-serving statements. | Court correctly weighed credibility; findings not clearly erroneous. |
Key Cases Cited
- Ambs v Kalamazoo Co Rd Comm, 255 Mich. App. 637 (2003) (great-weight standard; clear-error review)
- People v Allen, 295 Mich. App. 277 (2011) (credibility determinations on appeal)
- People v Herbert, 444 Mich. 466 (1993) (credibility deference to trial court)
- People v Lemmon, 456 Mich. 625 (1998) (overrules other grounds; governs standard)
- People v Heath, 80 Mich. App. 185 (1977) (flight corroborates guilt; indicia of guilt)
- People v Unger, 278 Mich. App. 210 (2008) (credibility and identification considerations)
- People v Perry, 460 Mich. 55 (1999) (defendant's claims regarding identity; credibility)
- People v Bosca, 310 Mich. App. 1 (2015) (credibility and inconsistencies in misidentification)