People of Michigan v. Taranada Carson Jr
326410
| Mich. Ct. App. | Oct 13, 2016Background
- Late on June 23, 2014 a group including Latimer, Reynolds, Carson, Jones, Pye, and others confronted Louis Norris; Norris was brutally beaten and later found dead on his front porch; his home was ransacked.
- Witnesses described an extended assault involving fists, kicking, a metal folding chair, and a 2½-foot rod; some participants implicated others inconsistently; Pye was acquitted at trial.
- Carson was convicted by one jury of second-degree murder and second-degree home invasion; Jones was convicted by a separate jury of felony murder, torture, and second-degree home invasion; one of Carson’s duplicate murder convictions was vacated below.
- On appeal Carson raised claims including a disputed accomplice instruction, admission of autopsy photos, ineffective assistance, sufficiency/great-weight of evidence, failure to preserve a bloody washcloth, and sentencing errors; Jones contested admission of autopsy photos and sufficiency of evidence for his convictions.
- The Court affirmed both defendants’ convictions, rejected the evidentiary and ineffective assistance claims, found the autopsy photos admissible, upheld sufficiency of evidence for Jones and Carson, but vacated Carson’s sentences and remanded for resentencing under Crosby/Lockridge principles due to PRV scoring error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disputed accomplice instruction (Reynolds) | No instruction necessary because Reynolds did not participate | Carson: Reynolds’s presence and inconsistent statements made her an accomplice requiring instruction | Court: No abuse of discretion; insufficient evidence Reynolds knowingly aided crimes |
| Admission of autopsy photos | Photos were relevant to injuries, cause of death, and intent | Jones: photos were gruesome and unduly prejudicial | Court: Photos were probative, not overly prejudicial; admission within discretion |
| Sufficiency of evidence (Jones: felony murder, torture, home invasion) | Prosecution: testimony and physical evidence show Jones aided/participated with malice and entered house to steal | Jones: minimal role, insufficient proof of malice, not during predicate felony | Court: Evidence sufficient on all counts; reasonable inferences support malice, torture, and unlawful entry |
| Ineffective assistance (Carson) | N/A (prosecution) | Carson: counsel failed to impeach Reynolds, obtain time-of-death expert, and advised against testifying | Court: Claims unsupported on record or by offer of proof; no relief |
| Sufficiency / great-weight (Carson: second-degree murder) | Prosecution: medical testimony links neck fracture to rapid death from assault | Carson: death timing suggests intervening cause; insect activity inconsistent | Court: Medical and forensic evidence supported death occurred shortly after assault; verdict stands |
| Failure to preserve washcloth evidence | N/A (prosecution) | Carson: police failed to preserve/test washcloth, violating due process and right to present defense | Court: No constitutional duty to develop evidence; speculation insufficient; no plain error |
| Sentencing / PRV scoring and Lockridge challenge (Carson) | State: PRV and guideline application proper | Carson: PRV7 mis-scored; Lockridge constitutional error re: judicial factfinding | Court: Found PRV7 erroneously scored (20 pts vs. 10); remanded for resentencing; Lockridge issues addressed on remand per Crosby options |
Key Cases Cited
- People v Young, 472 Mich. 130 (Michigan 2005) (standard of review for jury instruction rulings)
- People v Ho, 231 Mich. App. 178 (Mich. Ct. App. 1998) (accomplice instruction requires evidence of participation)
- People v Cervi, 270 Mich. App. 603 (Mich. Ct. App. 2006) (abuse of discretion review for photographic evidence)
- People v Hoffman, 205 Mich. App. 1 (Mich. Ct. App. 1994) (photographs admissible if necessary or instructive)
- People v Mills, 450 Mich. 61 (Michigan 1995) (MRE 403 balancing for gruesome evidence)
- People v Schaw, 288 Mich. App. 231 (Mich. Ct. App. 2010) (standard for sufficiency review)
- People v Lane, 308 Mich. App. 38 (Mich. Ct. App. 2014) (elements of felony murder)
- People v Riley (After Remand), 468 Mich. 135 (Michigan 2003) (aider-and-abettor malice and wanton disregard)
- United States v Cronic, 466 U.S. 648 (U.S. 1984) (structural vs. performance-based counsel effectiveness analysis)
- Strickland v Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance test)
- People v Ackley, 497 Mich. 381 (Michigan 2015) (counsel’s strategic choices and investigations)
- People v Anstey, 476 Mich. 436 (Michigan 2006) (no constitutional duty to develop exculpatory evidence)
- Brady v Maryland, 373 U.S. 83 (U.S. 1963) (prosecution must disclose material exculpatory evidence)
- People v Hardy, 494 Mich. 430 (Michigan 2013) (sentencing variable errors warrant resentencing)
- People v Francisco, 474 Mich. 82 (Michigan 2006) (resentencing required if guideline ranges altered by scoring error)
- People v Lockridge, 498 Mich. 358 (Michigan 2015) (advisory sentencing guidelines and constitutional considerations)
- United States v Crosby, 397 F.3d 103 (2d Cir. 2005) (remand procedure when advisory guidelines and judicial factfinding create Lockridge choice)