People of Michigan v. Mary Ann Stafford
332007
| Mich. Ct. App. | Aug 24, 2017Background
- Clifford and Mary Stafford were tried jointly for false pretenses (sale of a Van Buren Township house) and obstruction of justice related to a closing on December 5, 2007; jury convicted Clifford of obstruction (acquitted of false pretenses) and Mary of false pretenses and obstruction.
- Prosecution alleged defendants schemed to have friends (the Wyldons) obtain a $375,250 mortgage to buy the property, used the mortgage proceeds to pay the original owner (~$312,500), and split the excess; property later foreclosed.
- Documentary evidence admitted included two December 5, 2007 warranty deeds, a Wells Fargo mortgage application and mortgage, settlement statements, PCCS (Mary’s business) banking records (including a $44,195.07 deposit), and a cancelled Reliant Title check endorsed by Mary.
- Obstruction allegations arose from affidavits and statements filed in a PCCS quiet-title action and a mortgage-fraud complaint that the Staffords contended obscured their involvement; Clifford swore he did not attend the closing though testimonial and documentary evidence contradicted that.
- Trial rulings: court qualified defense expert Richard Woonton only to explain mortgage procedures but barred ultimate-opinion testimony that the Staffords could have been unaware of any fraud; the jury convicted as noted and court sentenced Clifford to probation and Mary to prison with restitution ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Expert testimony limitation (MRE 702) | Prosecution: Woonton could explain mortgage procedures; ultimate culpability opinions are for the jury. | Clifford: exclusion denied defense the right to present that fraud could have occurred without Staffords’ knowledge. | Court: Limiting Woonton to procedural explanation was proper; his ultimate-opinion testimony was speculative, not based on sufficient facts, and invaded the jury’s role. |
| Denial of directed verdict on obstruction | Evidence (deeds, settlement, deposits, witness testimony, false affidavits/statements) supports obstruction conviction. | Clifford: prosecution failed to prove obstruction as a recognized common-law offense per Thomas. | Court: Sufficient evidence supported that Clifford filed false affidavits/statements to impede justice; Thomas does not limit obstruction to Blackstone’s list. |
| Sufficiency of evidence (obstruction) | Prosecution: circumstantial and documentary evidence plus witness testimony support guilt beyond reasonable doubt. | Clifford: evidence insufficient to prove obstruction. | Court: Viewing evidence favorably to prosecution, a rational jury could find elements proved beyond reasonable doubt. |
| Ineffective assistance for not objecting to jury instruction | N/A | Clifford: counsel should have objected to obstruction instruction as inadequate under Thomas. | Court: The instruction gave the specificity Thomas requires; any objection would be futile, so counsel was not ineffective. |
| Severance (joint trial) | Prosecution: joint trial proper because charges and evidence were the same for both defendants. | Clifford: risk of prejudice from shared documents, potential testimony by Mary, and forced testimony that could affect marital privilege. | Court: Clifford failed to file the required affidavit/offer of proof showing actual prejudice; no prejudice occurred (Mary did not testify); denial of severance not an abuse. |
| Cruel/unusual sentence & restitution (Mary) | N/A | Mary: minimum one-year incarceration and restitution amount unconstitutional/unsupported. | Court: Cruel/unusual claim moot as incarceration completed; restitution inquiry resolved to $75,000 at sentencing and was not challenged on appeal (claim abandoned). |
Key Cases Cited
- People v Thomas, 438 Mich 448 (1991) (explains need for specificity in defining obstruction of justice)
- People v Vallance, 216 Mich App 415 (1996) (interpreting Thomas and rejecting a limit to Blackstone’s 22 offenses)
- People v Kissner, 292 Mich App 526 (2011) (upholding obstruction conviction based on filing false motion/affidavit)
- Carines v. People, 460 Mich 750 (1999) (plain-error standard for unpreserved constitutional claims)
- Strickland v. Washington, 466 US 668 (1984) (two-part ineffective assistance of counsel test)