People v. Russell
297 Mich. App. 707
| Mich. Ct. App. | 2012Background
- Defendant was convicted by jury of assault with intent to do great bodily harm less than murder and reckless driving causing serious impairment of a body function.
- He was remanded for a Ginther hearing on ineffective assistance of counsel and possible new trial based on failure to call a witness and courtroom closure during voir dire.
- Ginther hearing found trial counsel ineffective for not calling a witness; court granted a new trial.
- Majority held remand order was properly interpreted but new-trial grant was improper; convictions and sentences affirmed.
- Trial showed victim Battle and associate Deal confronted defendant about a laptop; collision occurred when defendant drove away, injuring Battle
- Witness Kiesha Yates testified at Ginther that two men chased defendant; defense counsel did not call her; trial court evaluated this as potentially substantial to defendant’s defense
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for counsel’s failure to call a witness | Russell argues Yates’ testimony would have supported a different defense | Russell contends counsel’s decision was strategic and reasonable | New trial affirmed for ineffective assistance (reversed by majority) or not? See below: Court held trial court erred in granting new trial. |
| Failure to object to partial courtroom closure during voir dire | Public trial right violated; closure was improper | Closure was justified by courtroom capacity; no error | Not error; no ineffective assistance; public-trial right not violated under partial closure |
| Sufficiency of the evidence for intent element | Evidence supported intent to do great bodily harm | Defense argued it was accidental or lacked intent | Sufficient evidence; rational jury could infer intent to do great bodily harm |
| Consistency of verdicts | Inconsistent verdicts require reversal | No required consistency between counts | Verdicts not necessarily inconsistent; no reversal of assault conviction |
| Scope of remand order and Ginther framework | Remand authority allowed new-trial consideration | Court overstepped remand scope by granting new trial | Court did not exceed remand order; new-trial grant sustained or reversed per opinion |
Key Cases Cited
- People v Ginther, 390 Mich 436 (1973) (Ginther hearing required to determine ineffective assistance)
- People v Carines, 460 Mich 750 (1999) (Forfeiture rule applies to public-trial-right errors)
- People v Vaughn, 491 Mich 642 (2012) (Public-trial right analyzed under Carines framework; partial closure allowed with limits)
- People v Matuszak, 263 Mich App 42 (2004) (Trial strategy and merit-based objections; not inherently ineffective)
- People v Armstrong, 490 Mich 281 (2011) (Two-pronged test for ineffective assistance: deficient performance and prejudice)
- People v Dendel, 481 Mich 114 (2008) (Review of trial court’s factual determinations and prejudice in ineffective-assistance claims)
- People v Garcia, 448 Mich 442 (1995) (Consistency of verdicts not required in Michigan; independent counts)