People of Michigan v. Melvin Jones
333935
| Mich. Ct. App. | Dec 12, 2017Background
- Defendant Melvin Jones was tried by jury for assaulting a Wayne County sheriff’s deputy (MCL 750.197c) and two counts of resisting/obstructing officers (MCL 750.81d(1)) for an April 26, 2012 incident at the Wayne County Jail.
- Prosecution evidence: while escorting Jones out of an elevator, Deputy Foote was punched, fell, was struck repeatedly while on the floor, and was assisted by Corporals Reed, Peoples, and Bush after Reed observed the attack on a live-feed monitor.
- Defense theory: Foote transported Jones to the 13th floor to beat him; the elevator allegedly malfunction claim and officers’ testimony were inconsistent and not credible.
- Post-trial, Jones moved for a new trial alleging ineffective assistance of counsel (standby and appointed trial counsel), denial of compulsory process for witnesses, Brady/deprivation from late discovery, and instructional error regarding his jail attire.
- The trial court denied the new-trial motion; the Court of Appeals reviewed claims of ineffective assistance, compulsory process, Brady, and instructional error and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standby counsel effectiveness | State: standby counsel is not constitutionally "counsel" when defendant proceeds pro se | Jones: standby counsel (Reed) functioned as counsel pretrial and failed to consult, denying effective assistance | Court: No; Reed acted as standby only and Jones chose to represent himself, so no ineffective-assistance claim succeeds |
| Trial counsel preparedness | State: counsel acted reasonably and cross-examined effectively | Jones: Reed appointed day 1, had not met him, unprepared, late discovery impaired defense | Court: No prejudice shown; counsel reviewed materials, cross-examined officers, and defendant identifies no omitted evidence or lost defense |
| Right to compulsory process / subpoenas | State: witness identities were known and Jones failed to show material favorable testimony | Jones: court misplaced his subpoena request and denied his right to obtain witnesses (Wayne County personnel) | Court: No; Jones failed to show the absent witnesses would provide material, favorable testimony |
| Brady / late discovery & instructional error | State: late materials did not constitute suppressed favorable evidence and jury was instructed about attire | Jones: late disclosure of witness list, medical records, audio prejudiced defense; court promised to instruct jury to disregard jail attire but didn’t | Court: No Brady violation or prejudice shown; preliminary and final instructions warned jurors not to consider attire; Jones waived substantive instruction claim by approving instructions; counsel not ineffective for not objecting |
Key Cases Cited
- People v. Cress, 468 Mich. 678 (2003) (standard of review for new-trial motions)
- People v. Nicholson, 297 Mich. App. 191 (2012) (abuse of discretion defined)
- People v. LeBlanc, 465 Mich. 575 (2002) (mixed question standard in ineffective-assistance claims)
- People v. Nix, 301 Mich. App. 195 (2013) (Strickland prejudice standard explained)
- People v. Johnson, 315 Mich. App. 163 (2016) (right to effective counsel)
- People v. Willing, 267 Mich. App. 208 (2005) (standby counsel is not constitutionally "counsel")
- People v. Kevorkian, 248 Mich. App. 373 (2001) (exception when standby counsel actually acts as attorney)
- People v. Kelly, 186 Mich. App. 524 (1990) (counsel must investigate and present substantial defenses)
- People v. Caballero, 184 Mich. App. 636 (1990) (prejudice required from counsel unpreparedness)
- People v. Stewart (On Remand), 219 Mich. App. 38 (1996) (failed strategy alone not ineffective assistance)
- People v. Schumacher, 276 Mich. App. 165 (2007) (Brady/due process review)
- Washington v. Texas, 388 U.S. 14 (1967) (compulsory process right to present a defense)
- Brady v. Maryland, 373 U.S. 83 (1963) (suppression of favorable evidence violates due process)
- People v. Chenault, 495 Mich. 142 (2014) (elements and materiality test for Brady)
- People v. Kowalski, 489 Mich. 488 (2011) (waiver by express approval of jury instructions)
- People v. Carter, 462 Mich. 206 (2000) (effect of waiver on instructional error review)
- People v. Heft, 299 Mich. App. 69 (2012) (standard for raising ineffective assistance on appeal)
- People v. Breidenbach, 489 Mich. 1 (2011) (presumption jurors follow instructions)
- People v. Ericksen, 288 Mich. App. 192 (2010) (no ineffective assistance for failing to raise meritless objections)