People of Michigan v. Kenyada Armando Hornes
333886
| Mich. Ct. App. | Nov 21, 2017Background
- On May 3, 2015, a single-vehicle crash on southbound US‑31 killed passenger Nikkie Thomas; defendant Kenyada Hornes and Thomas were ejected and were not wearing seatbelts.
- A passenger, Shalisa Porter, testified the three had smoked marijuana several times that day and that Hornes was driving home around 3:00 a.m. when the vehicle left the roadway and flipped.
- Officers obtained a warrant and defendant’s blood tested negative for alcohol and positive for marijuana metabolites.
- Defendant was charged and convicted of operating under the influence of a controlled substance causing death, MCL 257.625(4),(8), and sentenced as a third‑offense habitual offender to 100–360 months.
- On appeal, defendant challenged sufficiency of the evidence and raised ineffective-assistance‑of‑counsel claims (failure to call an expert on secondhand‑smoke THC, failure to elicit test‑uncertainty, and advising him not to testify).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict under MCL 257.625(8) | Prosecutor: blood test showing marijuana and eyewitness (Porter) that Hornes smoked and drove establish elements. | Hornes: Porter not credible; evidence insufficient to prove he operated while having a controlled substance. | Affirmed — viewing evidence in light most favorable to prosecutor, jury could find all elements beyond a reasonable doubt. |
| Requirement to prove intoxication or knowledge of impairment | Prosecutor: MCL 257.625(8) prohibits any amount of listed controlled substance; intoxication need not be proven. | Not argued that intoxication was required; defendant sought to show nonintoxication via secondhand smoke. | Held that intoxication need not be proved under subsection (8) (citing Feezel). |
| Ineffective assistance — failure to call expert on secondhand‑smoke THC | State: defense failed to show an expert would have testified favorably; no proof expert testimony existed. | Hornes: counsel was deficient for not presenting expert evidence that THC could be from secondhand smoke. | Denied — defendant failed to establish factual predicate that an expert would have testified favorably; no prejudice shown. |
| Ineffective assistance — advising defendant not to testify | State: counsel’s strategic advice is presumptively reasonable; defendant would have only testified to memory loss. | Hornes: counsel’s advice deprived him of telling jury he couldn’t remember due to head injury. | Denied — no showing that testifying to lack of memory would have altered outcome; strategic choice. |
Key Cases Cited
- People v. Meissner, 294 Mich. App. 438 (evidence sufficiency standard on appeal)
- People v. Nowack, 462 Mich. 392 (deference to jury credibility determinations)
- People v. Schaefer, 473 Mich. 418 (elements required to prove death-by-DUI statute)
- People v. Feezel, 486 Mich. 184 (MCL 257.625(8) does not require proof of intoxication)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)