People of Michigan v. Terrill Ian Hardaway
325941
| Mich. Ct. App. | Aug 4, 2016Background
- On Dec. 29, 2012 Terrill Hardaway shot and killed Tony Jackson in a bar parking lot; charged with second-degree murder and felony-firearm. Jury convicted Hardaway of voluntary manslaughter and felony-firearm; sentenced to 3–15 years plus consecutive 2 years.
- Prior incidents: nine days earlier Hardaway pulled a gun on Jackson, threatened him, and demanded return of weapons; returned to the bar the night of the shooting and again pulled a gun and fought.
- Video surveillance and eyewitnesses showed Jackson shot Hardaway first, then ran; Hardaway retrieved his gun and fired multiple shots, including shots that entered Jackson’s back. The whole exchange lasted ≈9 seconds.
- Disputed facts: whether Jackson still had a working gun when Hardaway fired the second volley (video shows a dark object moving; witnesses placed a gun between van tires on passenger side while Jackson fell on driver side).
- Procedural/posture: conviction affirmed on appeal but remanded for Crosby proceedings under People v Lockridge because the trial court engaged in judicial factfinding when scoring OV-5.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / directed verdict on murder/self-defense | Evidence supported submission of murder and manslaughter; facts showed malice and use of excessive force beyond self-defense | Shooting was in honest and reasonable self-defense after being shot at point-blank; verdict should not have gone to jury or murder instruction removed | Affirmed: evidence (video, witnesses, prior threats, shots to back, comment "got you now bitch") permitted submission and rejection of self-defense by jury |
| Great-weight / new trial | Prosecution: evidence supported convictions; credibility and video left factual questions for jury | Video conclusively shows self-defense; verdict is against great weight | Denied: conflicting testimony and inferences insufficient to overturn verdict under Lemmon/Unger standard |
| Admission of opinion/video evidence (Sergeant Gibson) | Admission of lay opinion that dark object was a gun and blurry photos was permissible and not outcome-determinative | Testimony and photos were prejudicial/confusing because expert could not definitively ID the object | No reversible error: jury could view video and other evidence; any error harmless under Lukity standard |
| Sentencing: OV scoring / Lockridge/Crosby | Prosecution concedes judicial fact-finding on OV-5; Crosby remand appropriate | Hardaway sought resentencing; argued error required full resentencing | Remanded for Crosby procedures (Lockridge violation); convictions affirmed but sentencing subject to Crosby remand |
Key Cases Cited
- People v. Lockridge, 498 Mich. 358 (holding mandatory guidelines unconstitutional where judge-found facts increase floor; guidelines advisory)
- People v. Reese, 491 Mich. 127 (definitions and elements relevant to murder/malice)
- People v. Riddle, 467 Mich. 116 (self-defense: honest and reasonable belief; no duty to retreat from sudden, deadly attack)
- People v. Goecke, 457 Mich. 442 (definition of malice and elements of murder)
- People v. Lukity, 460 Mich. 484 (harmless-error standard for preserved non-constitutional errors)