People of Michigan v. Lawrence Thomas
328534
| Mich. Ct. App. | Jan 26, 2017Background
- Shooting at Chevelles Bar & Grill (Detroit) on Aug 17, 2014: defendant allegedly grabbed Kenneth Davis’s glasses, produced a gun, and fired; one victim (Jessica Porter) died; two others injured.
- Defendant was present at the club and later arrested; witnesses identified him at corporeal lineups though not initially in photo arrays.
- Charges: first-degree felony murder, two counts assault with intent to commit murder, felon in possession, escape from custody, and felony-firearm; trial resulted in convictions and lengthy sentences.
- Defendant moved to suppress lineup identifications as impermissibly suggestive (photo arrays had included his photo but only he appeared in subsequent corporeal lineups; he wore a Chicago Bulls jersey at lineup).
- Defendant asserted ineffective assistance for lack of additional investigation, challenged the felony-murder predicate (no separate larceny charge), and raised other pro se claims (jurisdiction, statute validity, prosecutorial misconduct).
- The trial court denied suppression after a Wade hearing; appellate court affirmed on all issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of eyewitness IDs | IDs reliable: witnesses had opportunity, attention, accurate descriptions, prompt, confident IDs | Lineups impermissibly suggestive because his photo was in prior arrays and he wore the Bulls jersey at lineup | Denied suppression — lineup not so suggestive; prior photo exposure and clothing did not taint IDs; reliability factors satisfied |
| Ineffective assistance of counsel | Counsel sufficiently investigated and strategic choices presumed reasonable | Counsel failed to interview potential witnesses, investigate Davis’s credibility, and could have impeached key witnesses | No relief — defendant failed to overcome presumption of reasonable strategy or to show factual predicate/prejudice from missing investigation |
| Felony-murder predicate (larceny) | Felony-murder requires commission/attempt of any larceny; prosecutor need not charge underlying felony separately | Conviction invalid absent separate conviction for felony larceny; if misdemeanor larceny only, cannot support felony-murder | Affirmed — statute requires only that murder occur during larceny of any kind; no separate larceny charge required and misdemeanor larceny suffices |
| Prosecutorial misconduct / other Standard 4 claims | Prosecutor’s comments summarized evidence, did not improperly vouch or misstate reasonable doubt; court instructed properly | Prosecutor vouched, appealed to sympathy; counsel ineffective for not challenging jurisdiction/statute | No plain error; comments were argument grounded in evidence and jury was properly instructed; jurisdiction/statute challenges meritless; counsel not ineffective for raising frivolous claims |
Key Cases Cited
- People v. Kurylczyk, 443 Mich. 289 (discusses factors for evaluating eyewitness identification reliability)
- Neil v. Biggers, 409 U.S. 188 (framework for reliability factors in identification)
- People v. Ream, 481 Mich. 223 (felony-murder and underlying felony treated as separate offenses for charging/double jeopardy purposes)
- People v. Currelley, 99 Mich. App. 561 (prior photo exposure does not automatically render subsequent lineup improper)
- People v. Reed, 449 Mich. 375 (prosecutorial vouching standard; evaluate remarks in context)