People of Michigan v. Psauntia Marie George
327812
| Mich. Ct. App. | Mar 7, 2017Background
- Victim Martell Chambliss was found shot to death at Snake’s Auto Repair Shop on January 25, 2014; defendant Psauntia George and her husband Kevin were arrested that day.
- Defendant was videotaped during a custodial interrogation at the Detroit Detention Center; she gave a statement admitting involvement in a confrontation and describing shifting versions of events.
- Prosecution presented circumstantial evidence (witness testimony, defendant’s statements, medical examiner’s opinion) and a jailhouse witness (Renee Attles) who testified defendant confessed in custody.
- No physical evidence conclusively placed a weapon in defendant’s or Kevin’s hands; DNA testing of blood on defendant’s jacket was inconclusive.
- Defendant was tried by jury, convicted of second-degree murder on an aiding-and-abetting theory, sentenced to 15–30 years, and appealed challenging suppression, videotape admission, sufficiency, Brady/prosecutorial conduct, warrants, ineffective assistance, and sentencing scoring/PSIR errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Voluntariness / suppression of custodial statement | Police properly Mirandized and defendant knowingly waived rights; waiver proved by preponderance | Waiver was involuntary due to threats, promise of release, and denial of requested counsel | Trial court credited officers; no abuse of discretion in denying suppression; waiver voluntary |
| 2. Admissibility of unedited interrogation video | Video relevant; officers’ comments provided context for defendant’s shifting statements | Video was prejudicial; officers’ repeated assertions (including false statements) unfairly bolstered credibility | Under Musser framework, officers’ remarks provided context and were admissible; no limiting-instruction error because none was requested |
| 3. Sufficiency of evidence for aiding and abetting second-degree murder | Circumstantial evidence and witness testimony (including jailhouse confession, defendant’s statements, Kevin’s brief absence) permit rational verdict | Evidence inconclusive, key witnesses (Jones, Attles) not credible; insufficient to prove aiding/abetting beyond reasonable doubt | Evidence sufficient when viewed in prosecution’s favor; conviction affirmed |
| 4. Brady / suppressed cellphone records and prosecutorial misconduct | No suppression of material evidence; prosecutor argued reasonable inferences from admitted evidence | Prosecutor misstated facts, referenced separate proceedings, withheld phone records that would impeach witnesses | No Brady violation shown; most prosecutor comments were fair inferences; brief improper reference cured by instruction; no reversible misconduct |
| 5. Warrant challenges (Franks / staleness) | Warrant based on probable cause; no deliberate falsehood by affiant | Affidavit relied on false statements by Jones; warrant stale because executed three days later | No Franks showing of deliberate falsehood; warrant not stale under the circumstances |
| 6. Ineffective assistance (failure to secure records/experts) | Counsel subpoenaed medical records and made strategic decisions about experts | Counsel failed to obtain records or present expert on medication effects at Walker and trial | Record shows counsel subpoenaed records; trial strategy in not presenting expert was reasonable; no deficient performance shown |
| 7. Sentencing scoring and PSIR errors (Lockridge/Crosby) | OV scores supported by jury findings and preponderance of evidence; any judicial fact-finding did not change grid | OV1 scored using judge-found fact (firearm discharge); OV6 also scored; requests for Crosby remand | OV1 (25) and OV6 (25) upheld; judicial fact-finding on OV1 did not change grid cell so no Crosby remand; remand only to correct inaccurate items in PSIR |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (custodial interrogation warnings required; valid waiver must be voluntary, knowing, intelligent)
- Daoud v. People, 462 Mich. 621 (prosecutor must prove waiver by preponderance)
- Cheatham v. People, 453 Mich. 1 (scope of knowing Miranda waiver)
- People v. Musser, 494 Mich. 337 (admissibility of interrogator’s out-of-court credibility statements; context vs. undue prejudice)
- People v. Lockridge, 498 Mich. 358 (sentencing-guidelines judicial fact-finding and Lockridge/Crosby analysis)
- Apprendi v. New Jersey, 530 U.S. 466 (any fact increasing penalty beyond statutory maximum is an element)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective-assistance standard)
- People v. Chenault, 495 Mich. 142 (Brady materiality standard)
- People v. Bergman, 312 Mich. App. 471 (definition of malice for second-degree murder)