People of Michigan v. Raheen Akeem Dudley
328568
| Mich. Ct. App. | Jan 10, 2017Background
- January 2013 armed robbery at the Hometown Inn in Flint Township; several masked gunmen entered a party and robbed attendees.
- Londell Williams Jr. (Docket No. 328521) was convicted of multiple counts of armed robbery, assault with intent to commit armed robbery, and felony-firearm; sentenced as a second habitual offender to concurrent 20–40 year terms plus consecutive 2 years.
- Raheen Dudley (Docket No. 328568) was convicted of multiple counts of armed robbery, assault with intent to commit armed robbery, and felony-firearm; sentenced to concurrent 15–30 year terms plus consecutive 2 years.
- Prosecution theory: Williams acted as a ‘‘Trojan horse’’ who opened the door for masked robbers; Dudley was identified by several witnesses (based partly on prior, uncovered sightings and clothing) and was later connected to sale/possession of a stolen phone.
- Williams sought a Ginther hearing alleging ineffective assistance of counsel; the trial court held a hearing and denied relief; on appeal the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams received ineffective assistance of counsel for not asserting duress or requesting instruction | Prosecutor: counsel’s strategy to stress non-involvement was reasonable | Williams: counsel should have presented duress and requested jury instruction | Denied — counsel reasonably pursued non-involvement; choosing incompatible defenses is strategic |
| Whether Williams’ counsel was ineffective for poor trial preparation/severance | Prosecutor: counsel adequately prepared and severance was unnecessary | Williams: counsel focused on plea bargaining, didn’t prepare, and should have moved to sever from Dudley | Denied — no clear error; defenses not mutually antagonistic; severance would have been futile |
| Sufficiency of evidence to convict Williams as aider/abettor | Prosecution: facts (phone call, opening door, leaving with robbers, asking for return of cousin’s phone) support intent and aid/abet | Williams: presence only; no proof of intent to aid | Affirmed — circumstantial evidence permitted inference of intent and aid |
| Whether Dudley’s identity and conviction are supported by evidence | Prosecution: multiple eyewitnesses tied Dudley (prior uncovered sightings, clothing similarities) and sale/handling of stolen phone | Dudley: robbers were masked; clothing descriptions varied; phone sale alone insufficient | Affirmed — eyewitness identifications and circumstances sufficient for jury |
| Whether admission of Dudley’s recorded police interview was erroneous/prejudicial | Prosecutor: recording admissible and properly limited; any issues cured by instructions | Dudley: recording contained police lies/hearsay, shifted burden, and was prejudicial | Denied — no plain error; recording did not affect substantial rights |
| Whether cumulative prosecutorial error deprived Dudley of a fair trial | Prosecutor: actions were good-faith and comments addressed weaknesses in defense | Dudley: cumulative remarks and use of recording prejudiced trial | Denied — no preserved error; no miscarriage of justice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- People v. LeBlanc, 465 Mich. 575 (2002) (standard of review for Ginther evidentiary hearing findings)
- People v. Robinson, 475 Mich. 1 (2006) (aiding and abetting intent can be inferred; natural and probable-consequence doctrine)
- People v. Fetterley, 229 Mich. App. 511 (1998) (review for sufficiency of evidence; intent may be inferred from circumstances)
- People v. Ginther, 390 Mich. 436 (1973) (procedure for evidentiary hearing to assess ineffective assistance of counsel)
- People v. Ericksen, 288 Mich. App. 192 (2010) (no ineffective assistance for failing to advance futile arguments)