People of Michigan v. Marcus Dwayne Clark
366097
Mich. Ct. App.May 19, 2025Background
- Marcus Dwayne Clark, age 19 at the time, was convicted by jury of two counts of conspiracy to commit first-degree murder after a 2021 drive-by shooting in Pontiac, Michigan, where over 30 shots were fired at another vehicle; both targeted individuals survived.
- Surveillance footage identified Clark and his companions, who were later arrested; evidence included matching clothing and social media content depicting Clark with firearms the night of the shooting.
- Clark was found guilty not only of conspiracy but also assault with intent to commit murder (AWIM), carrying a concealed weapon (CCW), and felony-firearm charges.
- The trial court sentenced Clark to mandatory life without parole (LWOP) on conspiracy convictions, plus time for the other offenses.
- Clark appealed, arguing evidentiary insufficiency, jury instruction errors, and unconstitutional sentencing based on his age at the time of the crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Sufficient evidence supports Clark's ID, intent, agreement, & action | Insufficient evidence of identity, intent to kill, premeditation, or agreement | Evidence was sufficient for all elements |
| Jury instructions for lesser offenses | Lesser-included instructions not required; law prohibits conspiracy | Court erred by not giving conspiracy to commit 2nd-degree murder/AWIGBH instructions | Not error; conspiracy to commit 2nd-degree not recognized, AWIGBH not included |
| Ineffective assistance—jury instructions | Defense counsel’s strategy sound | Failure to request correct lesser-included instructions was ineffective | No ineffective assistance; objection would be futile |
| Mandatory LWOP for late adolescents | Law requires mandatory LWOP for first-degree murder conspiracies | Mandatory LWOP for 19-year-old is cruel/unusual under recent Michigan precedent | Mandatory LWOP unconstitutional for 19-year-olds; remand for individualized sentencing |
Key Cases Cited
- People v. Jackson, 292 Mich App 583 (Mich. Ct. App. 2011) (explains elements of conspiracy to commit first-degree murder)
- People v. Seewald, 499 Mich 111 (Mich. 2016) (requirements and evidence for criminal conspiracy)
- People v. Parks, 510 Mich 225 (Mich. 2022) (mandatory LWOP for 18-year-olds is cruel or unusual punishment)
- People v. Wilder, 485 Mich 35 (Mich. 2010) (differentiates necessarily included and cognate lesser offenses)
- People v. Everett, 318 Mich App 511 (Mich. Ct. App. 2017) (standards for when to give lesser-included offense instructions)