People v. Traver
502 Mich. 23
| Mich. | 2017Background
- Defendant Traver was charged with carrying a concealed weapon, felonious assault, interference with electronic communications, and felony-firearm after a dispute with a neighbor.
- The trial court gave preliminary oral instructions and handed jurors a two-page written document listing elements (including a possession definition for felony-firearm), but did not read the elements aloud during final instructions.
- Defense counsel reviewed the written instructions, asked one clarification about felony-firearm, received additional oral clarification from the court, and twice stated on the record that they were satisfied with the instructions.
- The jury convicted on felonious assault and felony-firearm and acquitted on other counts.
- The Court of Appeals reversed, holding oral recitation of elements was required and reversal was necessary; this Court remanded to settle the record and then addressed whether oral delivery is required and whether any error was waived.
- The Supreme Court holds that Michigan court rules require oral jury instructions but that Traver waived his instructional-error claims; it affirms on the rule question, reverses the Court of Appeals' reversal of convictions, and remands for consideration of ineffective-assistance claims.
Issues
| Issue | Prosecutor's Argument | Traver's Argument | Held |
|---|---|---|---|
| Whether MCR 2.512 and MCR 2.513 require oral jury instructions | Court rules' command to "instruct" does not expressly mandate oral delivery; written instructions suffice | Rules viewed in context require oral instructions (inviting juror questions, copies for deliberation imply initial oral delivery) | Court holds rules require oral instructions when read in context and with related provisions |
| Whether failure to orally instruct on elements here required reversal | Oral-only requirement not outcome-determinative; any instructional defect was waived by defense counsel's express approval | Failure to read elements aloud denied jury the needed guidance and transcripted record | Court holds Traver waived objection by explicitly approving instructions; no reversal for instructional error |
| Whether omission of full felony-firearm elements was structural error under Duncan | Here written instructions (and some oral clarification) were provided; not a complete omission like Duncan | Claimed complete omission of felony-firearm elements required automatic reversal | Court finds this case distinguishable from Duncan and that the claim was waived; not structural error requiring automatic reversal |
| Whether waived instructional errors should be reviewed via ineffective-assistance-of-counsel doctrine | Waiver normally precludes review; ineffective-assistance can overcome waiver if properly raised and proven | Traver contends counsel was ineffective in failing to preserve objections to oral-instruction omission | Court declines to decide ineffective-assistance in first instance and remands to Court of Appeals to address those claims |
Key Cases Cited
- People v. Duncan, 462 Mich. 47 (2000) (complete failure to instruct on elements is structural error requiring automatic reversal)
- People v. Kowalski, 489 Mich. 488 (2011) (imperfect instructions may be waived when defense counsel expressly approves them)
- People v. Clark, 453 Mich. 572 (1996) (court must properly instruct jury on elements and material issues)
- People v. Reed, 393 Mich. 342 (1975) (jury instruction must include all elements and not exclude material issues or defenses)
- People v. Comer, 500 Mich. 278 (2017) (court-rule interpretation uses same principles as statutory construction)