People of Michigan v. Tony Lee Linton
328930
| Mich. Ct. App. | Dec 15, 2016Background
- On Oct. 23, 2014, deputies stopped a pickup; occupants were driver Ethan Cumberledge, passenger Tony Linton (defendant), and Mark Grove. A strong chemical odor and a previously unseen black bag were observed in the truck.
- Officers recovered materials consistent with a one‑pot methamphetamine lab (Sudafed blister packs, pill grinder, lithium batteries, lye, unlabeled acidic bottle, cold pack packaging, Coleman fuel, Mountain Dew bottle showing chemical reaction).
- Detective Abendroth, testifying as an expert, identified the device as a failed one‑pot meth lab; Cumberledge and Grove testified Linton mixed components in a bottle in the truck and had used/supplied meth earlier that evening.
- Linton denied involvement, claiming the co‑defendants implicated him to get leniency; he testified at trial. Cumberledge and Grove implicated Linton at trial.
- A jury convicted Linton of manufacturing/delivering methamphetamine (second offense) and operating/maintaining a meth lab (second offense); he was sentenced to concurrent 5–40 year terms and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict that Linton manufactured/delivered meth was against the great weight of the evidence | People: eyewitness testimony, expert identification of one‑pot lab, recovered components, evidence of prior Sudafed purchases and prior use/sales established elements beyond a reasonable doubt | Linton: testimony was unreliable; claimed only a failed attempt occurred and failed attempts cannot constitute "manufacturing" under the statute | Court: Issue unpreserved; plain‑error review fails — evidence supported each element (manufacture, substance, knowledge); verdict not against great weight |
Key Cases Cited
- People v Musser, 259 Mich. App. 215 (2003) (standard for a great‑weight challenge to a verdict)
- People v Cameron, 291 Mich. App. 599 (2011) (preservation and review standards for new‑trial/great‑weight claims)
- People v Carines, 460 Mich. 750 (1999) (plain‑error test for unpreserved claims)
- People v McCray, 245 Mich. App. 631 (2001) (definition of miscarriage of justice for great‑weight review)
- People v Lemmon, 456 Mich. 625 (1998) (deference to jury credibility determinations; limits on granting new trial for credibility issues)
- People v Meshell, 265 Mich. App. 616 (2005) (elements of manufacturing methamphetamine)
- People v Jolly, 442 Mich. 458 (1993) (circumstantial evidence and reasonable inferences may establish criminal elements)
- People v Schultz, 246 Mich. App. 695 (2001) (definition of delivery as transfer sufficing to prove delivery)
- People v Kelly, 231 Mich. App. 627 (1998) (abandonment of argument where no supporting authority provided)
