People of Michigan v. Martin Edward Zale
328001
| Mich. Ct. App. | Mar 21, 2017Background
- Defendant Martin Zale shot and killed Derek Flemming during a road‑rage confrontation after vehicles braked and pulled in front of each other on Grand River Avenue.
- Prosecution theory: Zale shot Flemming almost immediately after Flemming approached the truck’s driver side window; multiple witnesses testified Flemming did not touch the truck.
- Defense theory: Zale claimed Flemming struck him and reached for the interior door handle, so Zale fired in self‑defense. Some witnesses suggested Flemming may have touched or struck the truck.
- Jury convicted Zale of second‑degree murder, intentionally discharging a firearm from a motor vehicle, and two counts of felony‑firearm; trial court imposed concurrent lengthy prison terms plus two consecutive two‑year firearm terms.
- On appeal Zale challenged sufficiency of evidence (self‑defense), prosecutorial impeachment of defense witnesses, jury instructions, and multiple ineffective‑assistance‑of‑counsel claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to disprove self‑defense | Evidence showed Flemming did not touch truck and Zale shot without justification | Zale acted in reasonable self‑defense after being struck and threatened | Affirmed — viewing evidence in prosecution's favor, a rational juror could find no self‑defense |
| Prosecutorial impeachment of defense witnesses | Impeachment with arrests/convictions was proper or harmless | Improper use of convictions not involving dishonesty under MRE 609 | One impeachment violated MRE 609 but was harmless given cumulative testimony; no reversal |
| Jury instructions (self‑defense text) | Instructions correctly stated law; defense counsel approved them | Court used an incorrect instruction/omitted language | Waived by defense counsel’s on‑record approval; no reviewable error |
| Ineffective assistance of counsel (multiple complaints) | Counsel’s strategic choices were reasonable and not prejudicial | Counsel failed to move for venue change, object to instructions, call expert, or present certain witnesses | No ineffective assistance shown on record; strategic decisions reasonable and no prejudice |
Key Cases Cited
- People v Ericksen, 288 Mich. App. 192 (application of sufficiency review and standard)
- People v Reese, 491 Mich. 127 (prosecution must disprove self‑defense beyond a reasonable doubt)
- People v Orlewicz, 293 Mich. App. 96 (reasonableness of belief judged by ordinary prudent person standard)
- People v Kanaan, 278 Mich. App. 594 (deference to jury on witness credibility and conflicting evidence)
- United States v Strickland, 466 U.S. 668 (standard for ineffective assistance of counsel)
- People v Carines, 460 Mich. 750 (plain‑error review for unpreserved claims)
- People v Ginther, 390 Mich. 436 (procedure for evidentiary hearing on ineffective assistance claims)