People v. Goree
296 Mich. App. 293
| Mich. Ct. App. | 2012Background
- Goree and Edna Goree lived next to the Buckner family; long-running feud over a privacy fence.
- Aug. 1, 2010 incident: Goree allegedly fired at Donald Buckner after promoter-style confrontation on Buckners' driveway.
- Prosecution charged Goree with assault with intent to murder or do great bodily harm, with an alternate lesser charge; Goree claimed self-defense.
- Jury acquitted Goree of the assault charges but convicted Goree of felony-firearm under MCL 750.227b; defendant sentenced to two years.
- Court initially gave self-defense instructions; later provided a second instruction addressing the felony-firearm charge and its relation to the underlying assault offenses.
- Appeal: instructional error claimed; remand for new trial on the felony-firearm charge due to erroneous instruction that self-defense cannot justify felony-firearm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense can justify felony-firearm conviction. | Goree claimed self-defense could apply to felony-firearm. | Court erred by instructing self-defense cannot apply to felony-firearm. | Instruction error; remand for new trial on felony-firearm charge. |
| Whether the erroneous instruction prejudice requires reversal. | Jury verdict reflects reliance on misinstruction. | Error harmless if adequate other instructions. | Prejudicial error; new trial warranted for proper self-defense instruction. |
Key Cases Cited
- People v. Kowalski, 489 Mich 488 (2011) (instruction adequacy reviewed de novo; fair presentation required)
- People v. Hartuniewicz, 294 Mich App 237 (2011) (reasonable juror understanding of law required)
- People v. Mills, 450 Mich 61 (1995) (instructional sufficiency principles reaffirmed)
- People v. Lewis, 415 Mich 443 (1982) (two-step analysis; self-defense considerations with underlying offense)
- People v. Dupree, 486 Mich 693 (2010) (self-defense applicable to felon-in-possession; relevance to applying to related charges)
- People v. Beard, 171 Mich App 538 (1988) (felony-firearm is possession-based; separate social harm; self-defense may apply)