People v. Bouchee

253 N.W.2d 626, 400 Mich. 253, 1977 Mich. LEXIS 140
CourtMichigan Supreme Court
DecidedJune 2, 1977
Docket57233, (Calendar No. 11)
StatusPublished
Cited by61 cases

This text of 253 N.W.2d 626 (People v. Bouchee) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bouchee, 253 N.W.2d 626, 400 Mich. 253, 1977 Mich. LEXIS 140 (Mich. 1977).

Opinions

Ryan, J.

Willie Lee Bouchee was convicted by a jury of assault with intent to commit rape.1 The Court of Appeals affirmed the conviction.2

We granted leave to consider the defendant’s claim that improper inquiry was made of him concerning his religious beliefs, that similar improper questions were asked of his character witness, that unfair inquiry was made concerning the legitimacy of his children, and that he was unfairly prejudiced by the prosecutor’s argument to the jury.

We reverse and remand for a new trial.

I

At trial the complainant testified inter alia that the defendant lured her to a secluded area under the guise of a post-luncheon employment interview and then attempted to rape her.

The defendant testified to having lunch with the complainant but stated that, while returning from a restaurant, she suggested they drive to a remote spot and later agreed to have sexual relations with him for $100. Mr. Bouchee said that he balked at the price and stepped out of his car for a moment, whereupon the complainant drove away. There were no other witnesses to the transaction.

II

The defendant asserts that certain questions put to him by the trial court during the prosecutor’s cross-examination, and certain questions asked of [258]*258his witness, Reverend Amos Williams, constituted improper inquiry relating "to his opinions on religion” contrary to MCLA 600.1436; MSA 27A.1436 and our holding in People v Hall, 391 Mich 175; 215 NW2d 166 (1974).3

[260]*260The prosecutor argues that the statute and Hall are inapposite because the defendant first broached the subject of his religious practices by certain volunteered responses regarding his intention to tell the truth "so help me God”, by his claimed church membership and attendance, and by asserting his strict belief in the Bible. The prosecutor urges us to affirm the Court of Appeals holding that "the defendant’s initiative in putting his religious credentials before the jury invited clarifying inquiry by the people”. To hold otherwise, the prosecutor contends, would allow the defendant to offer unimpeachable religious credentials with impunity, irrespective of their substance.

In People v Hall, supra, we held that a prosecutor’s question to the defendant inquiring whether he believed in a Supreme Being, although it was merely an oblique reminder to the defendant that he was under oath, and despite no objection by defense counsel, violated Const 1963, art 1, § 18 and MCLA 600.1436; MSA 27A.1436 and amounted to reversible error. The constitutional provisions states:

"No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.”

The statute provides:

"No person may be deemed incompetent as a witness in any court, matter or proceeding, on account of his opinions on the subject of religion. No witness may be questioned in relation to his opinions on religion, either before or after he is sworn.”

The Court observed:

[261]*261"This statute leaves little room for discussion by this Court as to whether or not this cross-examination was improper. It clearly was so. As Justice Christiancy, in People v Jenness, 5 Mich 305, 319 (1858), stated:
" 'Under this section, it was clearly incompetent to question the witness in this case, in reference to her belief in a God, unless it can be shown that belief or disbelief in a God has no reference to "opinions on the subject of religion.” Belief is a stronger term than opinion, and necessarily includes the latter. Belief or opinion in reference to the existence or non-existence of a Supreme Being, is, we think, not only a belief or opinion "on the subject of religion,” but on the most important of all subjects of religion, and that which controls and gives form to all other religious opinions. We think, therefore, it was clearly the intention of the legislature to prevent the first step, and every subsequent step, in all inquiries of this kind * * * .’ (Emphasis added.)” 391 Mich at 181-182.

In the case at bar, near the conclusion of the prosecutor’s cross-examination of the defendant, the trial court, after ruling on an objection, asked:

"The Court: * * * Well, you spoke of the Bible, didn’t you?
"The Witness: Yes, sir.
’’The Court: Accepting the Bible wouldn’t stop you then from having relations though you were a married man with a single woman or married as far as that is concerned, is that right, that wouldn’t stop you either?
’’The Witness: No, I don’t think so.
"The Court: If the occasion presented itself?
’’The Witness: Well, no, I don’t think it would.
’’The Court: Okay.”

It appears that the court’s question ‘was designed to elicit an admission from the defendant that his claimed belief in the Bible was at odds with his testimony that he was willing to have consensual [262]*262extramarital sexual relations with the complainant. The question, however, constituted an inquiry of the defendant whether his religious beliefs permitted or forbade such conduct. This type of inquiry concerning defendant’s "opinions on religion” is forbidden by the statute.

We recognize that the defendant did indeed volunteer the testimony that he belonged to the Catholic Church, attended the Church of God in Christ and believed "strictly in the Bible”, for the ostensible purpose of demonstrating that he was a religious, moral and God-fearing man, and thus was possessed of the qualities of character inconsistent with the criminal sexual conduct of which he was accused.

Assuming without conceding the relevance of such evidence as tending to prove that the defendant was possessed of the specific traits of good character relevant to rebut the charge, the evidence did not invite or justify the kind of "clarifying inquiry” made by the court.

The prosecutor was fully entitled to challenge the defendant’s claim of good character, either upon cross-examination or through extrinsic evidence in rebuttal. Such challenge might have taken the form inter alia of evidence of prior convictions, testimony contradicting the claimed church membership and attendance, or reputation evidence tending to disprove the claim of religious, moral and God-fearing qualities, if indeed such evidence existed. It would not have been competent, however, for the prosecutor to inquire of the defendant concerning the nature, substance and content of his religious beliefs in order to show that such beliefs were inconsistent with the qualities of good character claimed. Nor was it competent for the court to conduct such an inquiry. [263]*263Aside from the debatable relevance of such an inquiry to rebut the claim of a moral, God-fearing and religious character, such questioning is expressly forbidden by the statute and our holding in Hall, supra4

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Clint Darrell Williams
Michigan Court of Appeals, 2024
People of Michigan v. Derrick Lee Menara
Michigan Court of Appeals, 2023
Abdul Nahshal v. Fremont Insurance Company
Michigan Court of Appeals, 2018
People v. Steele
769 N.W.2d 256 (Michigan Court of Appeals, 2009)
People v. Dobek
732 N.W.2d 546 (Michigan Court of Appeals, 2007)
Fairrow v. Commonwealth
175 S.W.3d 601 (Kentucky Supreme Court, 2005)
People v. McLaughlin
672 N.W.2d 860 (Michigan Court of Appeals, 2003)
People v. Leshaj
641 N.W.2d 872 (Michigan Court of Appeals, 2002)
People v. Leonard
569 N.W.2d 663 (Michigan Court of Appeals, 1997)
Wischmeyer v. Schanz
536 N.W.2d 760 (Michigan Supreme Court, 1995)
People v. Vasher
537 N.W.2d 168 (Michigan Supreme Court, 1995)
People v. LaLone
437 N.W.2d 611 (Michigan Supreme Court, 1989)
People v. Calloway
427 N.W.2d 194 (Michigan Court of Appeals, 1988)
People v. Slovinski
420 N.W.2d 145 (Michigan Court of Appeals, 1988)
Murphy v. Muskegon County
413 N.W.2d 73 (Michigan Court of Appeals, 1987)
People v. Hedelsky
412 N.W.2d 746 (Michigan Court of Appeals, 1987)
People v. Lindberg
412 N.W.2d 272 (Michigan Court of Appeals, 1987)
People v. Von Everett
402 N.W.2d 773 (Michigan Court of Appeals, 1986)
People v. Vesnaugh
340 N.W.2d 651 (Michigan Court of Appeals, 1983)
People v. Partee
342 N.W.2d 903 (Michigan Court of Appeals, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
253 N.W.2d 626, 400 Mich. 253, 1977 Mich. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bouchee-mich-1977.