People of Michigan v. Markus Gerald-Allen Evans
332362
| Mich. Ct. App. | Aug 8, 2017Background
- Markus Gerald-Allen Evans and co-defendant Roderick Jackson broke into a Flint home on April 8, 2012; both occupants were killed. Evans admitted shooting one victim and Jackson shot the other.
- Evans was arrested Feb 8, 2012, and entered a federal proffer/cooperation agreement tied to a racketeering investigation of the "Howard Boys" gang; he agreed to testify truthfully and cooperate with state and federal prosecutors.
- Evans later ceased cooperation at an Oct 6, 2015 hearing; his state jury trial began Feb 9, 2016, about four years after arrest.
- A jury convicted Evans of two counts of felony murder, first-degree home invasion, felon in possession of a firearm, and felony-firearm; he was sentenced as a fourth-offense habitual offender to concurrent life terms for murder and other prison terms, plus a consecutive felony-firearm term.
- On appeal Evans raised three constitutional challenges: (1) violation of the speedy-trial right, (2) violation of the Confrontation Clause by admitting inmate Ayers’s testimony about Jackson’s statements, and (3) that admission of gang/federal-investigation (other-acts) evidence was unduly prejudicial and lacked proper MRE 404(b) notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation | Prosecution: delay largely attributable to Evans' cooperation; no prejudice | Evans: trial began ~4 years after arrest; delay >18 months presumptively prejudicial | No violation — long delay rebutted by defendant-caused delay (cooperation), minimal prosecutor delay, lack of asserted prejudice or timely speedy-trial demand |
| Confrontation Clause (Ayers testimony) | Prosecution: statements to fellow inmate were nontestimonial and admissible | Evans: inmate statements warrant suspicion and were testimonial hearsay violating confrontation | No violation — statements were informal to an acquaintance, nontestimonial, so Confrontation Clause not implicated |
| Other-acts / gang evidence (MRE 404(b), MRE 403, notice) | Prosecution: gang/federal-investigation testimony was relevant to credibility, context for proffer, and not unfairly prejudicial; trial counsel agreed to admission | Evans: testimony showed bad character/propensity and trial lacked reasonable pretrial 404(b) notice, causing unfair prejudice | No reversible error — issue waived by counsel agreement; even if notice error occurred, admission was relevant for noncharacter purposes and any error was harmless given strong evidence and admissions by Evans |
Key Cases Cited
- People v Gilmore, 222 Mich. App. 442 (delay >18 months triggers balancing test)
- People v Williams, 475 Mich. 245 (measuring delay from arrest; weighing assertion and prejudice)
- People v Waclawski, 286 Mich. App. 634 (allocating reasons for delay between defendant and prosecution)
- People v Taylor, 482 Mich. 368 (distinguishing testimonial vs nontestimonial statements for Confrontation Clause)
- People v Mardlin, 487 Mich. 609 (MRE 404(b) framework; nonexhaustive list of proper purposes)
- People v VanderVliet, 444 Mich. 52 (VanderVliet analytical framework and pretrial notice for other-acts evidence)
- People v Jackson, 498 Mich. 246 (MRE 404(b)(2) notice and harmless-error standard)
- People v Duncan, 494 Mich. 713 (standard of review for evidentiary rulings)
- People v Sabin (After Remand), 463 Mich. 43 (limitations on using other-acts evidence to show propensity)
Affirmed.