People of Michigan v. Akei Levorn Chapman

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 21, 2015 Plaintiff-Appellee,

v No. 321000 Wayne Circuit Court AKEI LEVORN CHAPMAN, LC No. 13-009215-FC

Defendant-Appellant.

Before: HOEKSTRA, P.J., and JANSEN and METER, JJ.

HOEKSTRA, P.J., (concurring).

I concur in the majority’s decision to affirm defendant’s convictions. I write separately because, although I agree with the majority that any misconduct by the prosecutor was not outcome determinative and that defense counsel was not constitutionally ineffective for failing to object to the prosecutor’s remarks, I am persuaded that the prosecutor impermissibly expressed personal beliefs, unsupported by the evidence, when the prosecutor categorically asserted that “normal” and “healthy” friendships cannot exist between teenagers and adults. See People v Bahoda, 448 Mich 261, 282-283, 286-287; 531 NW2d 659 (1995); People v Watson, 245 Mich App 572, 588; 629 NW2d 411 (2001).

/s/ Joel P. Hoekstra

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