People of Michigan v. Troy Douglas Tompkins
332076
| Mich. Ct. App. | Aug 8, 2017Background
- Defendant Troy Tompkins was convicted by a jury of carrying a concealed weapon in a vehicle (MCL 750.227(2)) and sentenced to 18 months' probation.
- Weapon was found in a carrier case inside a duffle bag in the backseat of a vehicle Tompkins was driving; he had been seen carrying the duffle bag from a hotel to the vehicle.
- Tompkins possessed 42 rounds of the same caliber ammunition as the gun found; he admitted he drove and owned the vehicle and had driven it for at least two days before the discovery.
- Trial court instructed the jury using language consistent with Michigan model jury instruction M Crim JI 11.1 (elements: pistol in vehicle, defendant knew of it, defendant took part in carrying/keeping it).
- On appeal Tompkins argued ineffective assistance of counsel because trial counsel failed to request a Butler-style jury instruction listing factors relevant to whether the defendant “carried” the weapon.
- The Court of Appeals affirmed, finding counsel’s performance reasonable and, alternatively, that any additional Butler instruction would not have changed the verdict given the record evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not requesting a Butler-factor jury instruction on the “carrying” element | Counsel’s conduct was reasonable; jury already received proper element instruction; outcome would not differ | Counsel was ineffective for failing to request an instruction listing Butler factors to guide jury on circumstantial evidence of carrying | Court: No ineffective assistance. Instruction given matched model jury instruction; even if deficient, no reasonable probability of different outcome |
Key Cases Cited
- People v. Butler, 413 Mich 377 (Mich. 1982) (identifies factors relevant to whether circumstantial evidence establishes carrying a concealed weapon in a motor vehicle)
- People v. Trakhtenberg, 493 Mich 38 (Mich. 2012) (standards for ineffective assistance review; mixed question of law and fact)
- People v. Nimeth, 236 Mich App 616 (Mich. Ct. App. 1999) (elements required to convict for carrying a weapon in a vehicle)
- People v. Ericksen, 288 Mich App 192 (Mich. Ct. App. 2010) (ineffective-assistance claim fails where counsel failed to raise a meritless argument)