People of Michigan v. Tyshawn Yates
332520
| Mich. Ct. App. | Sep 14, 2017Background
- Defendant Tyshawn Yates was convicted by jury of first-degree murder, carrying a concealed weapon (CCW), felon in possession of a firearm, and felony-firearm for the fatal shooting of Davon Lewis; sentenced to life without parole and concurrent prison terms.
- Eyewitnesses Deontae Scott, Ronnell Gillespie, and neighbor Aaron Gatlin testified that Yates pointed a gun at and shot Lewis; another neighbor Patrik Madden saw the altercation but could not identify the shooter.
- The murder weapon was not recovered; ballistics showed the bullet came from a handgun (likely 9mm). Testimony established Yates previously possessed a similar black handgun and had shot at Toshi Willingham in 2014.
- After conviction, Yates sought a new-trial hearing claiming ineffective assistance of counsel for not stipulating to a prior CCW conviction and for failing to investigate an alternative shooter (Willingham); the court permitted evidentiary hearings and additional evidence but denied a new trial.
- Yates also challenged multiple trial rulings (admission of certain testimony, exclusion of evidence about Willingham, admission of Yates’s prior gun possession, counsel conflicts, and alleged coercion of a recanting witness Pettigrew); the Court of Appeals affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of alleged hearsay and opinion testimony by police witnesses | Prosecution: statements were admissible to show their effect on witnesses or investigative steps | Yates: statements were hearsay/opinion on guilt and should be excluded | Court: admissible as non-hearsay (effect on listener) or proper explanation of investigation; no plain error |
| Exclusion of evidence that Willingham possessed a gun | Prosecution: limited probative connection between Willingham and the crime | Yates: evidence tended to show Willingham was the shooter and impeach his credibility | Court: insufficient foundation linking Willingham to the crime; exclusion not an abuse of discretion |
| Admission of testimony about Yates’s prior possession/use of a gun | Prosecution: prior possession of similar gun is directly relevant to identity and commission of offense | Yates: admission was prejudicial character evidence | Court: admissible under MRE 401 (Hall) and not excludable under MRE 403 with limiting instruction |
| Ineffective assistance for not stipulating to prior CCW conviction | Prosecution: evidence of prior possession/weapons would be presented regardless; naming CCW caused minimal additional prejudice | Yates: counsel should have stipulated to avoid prejudicial conviction evidence | Court: counsel’s choice fell within reasonable trial strategy; no ineffective assistance |
Key Cases Cited
- People v. Unger, 278 Mich. App. 210 (Mich. Ct. App. 2008) (standard for reviewing evidentiary rulings and abuse of discretion)
- People v. Mardlin, 487 Mich. 609 (Mich. 2010) (de novo review for preliminary legal questions on evidence)
- People v. Lukity, 460 Mich. 484 (Mich. 1999) (trial court abuses discretion when it admits evidence inadmissible as a matter of law)
- People v. Ackerman, 257 Mich. App. 434 (Mich. Ct. App. 2003) (plain-error review for unpreserved evidentiary claims)
- People v. Musser, 494 Mich. 337 (Mich. 2013) (out-of-court statements offered for effect on listener are not hearsay)
- People v. Chambers, 277 Mich. App. 1 (Mich. Ct. App. 2007) (effect-on-hearer distinction for hearsay)
- People v. Heft, 299 Mich. App. 69 (Mich. Ct. App. 2012) (limits on witnesses opining about defendant’s guilt)
- People v. Hall, 433 Mich. 573 (Mich. 1989) (evidence of prior possession of weapon of same kind is direct, relevant evidence)
- People v. Cress, 468 Mich. 678 (Mich. 2003) (elements for new trial based on newly discovered evidence)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance-of-counsel test)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (defendant's right to stipulate to prior convictions)
- Webb v. Texas, 409 U.S. 95 (U.S. 1972) (prohibition on coercive judicial warnings that drive witness off stand)
- Washington v. Texas, 388 U.S. 14 (U.S. 1967) (right to present witnesses as part of right to present a defense)