870 N.W.2d 333
Mich. Ct. App.2015Background
- Late-night altercation after defendant forced his intoxicated wife to return home from a party; she left on foot and defendant followed in a vehicle.
- A roadside scuffle occurred; two Good Samaritans stopped, gave the wife a ride, and intervened when defendant tried to remove her.
- Defendant and one intervener struggled; defendant testified the intervener tried to choke him and he produced a utility knife (two-inch blade) in self-defense.
- Jury acquitted defendant of felonious assault on the interveners based on self-defense but convicted him of domestic assault and carrying a concealed weapon (CCW), MCL 750.227.
- At trial the court instructed the jury that self-defense is not a defense to CCW; defense argued this was erroneous and that counsel was ineffective for not objecting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense is a defense to a CCW charge | Self-defense is not a defense to CCW; jury instruction was correct | Self-defense should apply to CCW (defendant sought extension of recent self-defense precedents) | Court affirmed: self-defense is not a defense to CCW under controlling precedent and statute interpretation |
| Whether defense counsel was ineffective for failing to object to the CCW instruction | No ineffectiveness; objection would be futile and novel | Counsel ineffective for failing to preserve the issue | Court affirmed: no ineffective assistance—failure to raise a novel or futile objection is not deficient representation |
Key Cases Cited
- People v. Dupree, 486 Mich 693 (2010) (recognized common-law self-defense can justify felon-in-possession offense)
- People v. Moreno, 491 Mich 38 (2012) (held one may use self-defense to resist an unlawful arrest)
- People v. Townsel, 13 Mich App 600 (1968) (held self-defense is not a defense to CCW)
- People v. Hernandez-Garcia, 477 Mich 1039 (2007) (identified that a defendant’s purpose for carrying is irrelevant to the mens rea for CCW)