People v. Kissner, 292 Mich. App. 526

Defendant was previously convicted in 2004 of burning real property and sentenced as a third-offense habitual offender.
In 2008 defendant moved for relief from judgment, asserting judicial disqualification and requesting counsel, but no factual brief accompanied the motion.
Affidavit attached to the motion claimed a romantic relationship with the judge’s daughter and possible paternity, which the judge and defense counsel denied and testified was false.
Investigation failed to corroborate the affidavit; the officer found no Misty Lostracco in Michigan or elsewhere.
In 2009 defendant was charged with tampering with evidence and attempted obstruction of justice; trial court struck testimony from an October 6, 2008 hearing that had referenced the motion, and the jury was instructed accordingly.
Jury convicted defendant on both counts; defendant appeals challenging sufficiency of evidence, the appointment of counsel, and related evidentiary rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for tampering	Kissner asserts the motion/affidavit did not constitute evidence or an official proceeding.	Kissner contends there was insufficient evidence that he knowingly tampered with evidence.	Evidence sufficient; filing official proceeding constitutes tampering.
Sufficiency of evidence for attempted obstruction	Kissner argues the filing did not obstruct justice as defined by law.	Kissner claims the act did not amount to obstruction under common law or statute.	Evidence sufficient to convict; filing the false motion/affidavit interfered with justice.
Due process and right to counsel in the relief-from-judgment proceeding	Kissner alleges failure to appoint counsel violated due process.	No constitutional right to appointed counsel in postconviction proceedings; error cured by striking testimony and limiting instructions.	No reversible error; no due-process violation attributable to counsel absence; convictions affirmed.

People v Chavis, 468 Mich 84 (2003) (defined 'official proceeding' in context of tampering with evidence)
People v Koonce, 466 Mich 515 (2002) (statutory interpretation guidance)
People v Couzens, 480 Mich 240 (2008) (statutory interpretation and plain meaning rule)
People v Vallance, 216 Mich App 415 (1996) (obstruction of justice broadens beyond Blackstone list)
People v Thomas, 438 Mich 448 (1991) (obstruction as interference with justice; common-law category)
People v Ormsby, 310 Mich 291 (1945) (definition of obstruction of justice)
People v Coleman, 350 Mich 268 (1957) (obstruction of justice standards)
People v Wolfe, 440 Mich 508 (1992) (standards for sufficiency on review)
People v Nowack, 462 Mich 392 (2000) (credibility and inference rulings on appeal)
Mitcham v. Detroit, 355 Mich 182 (1959) (preservation and review standards for unpreserved claims)