People v. Cain

829 N.W.2d 37, 299 Mich. App. 27
CourtMichigan Court of Appeals
DecidedDecember 20, 2012
DocketDocket No. 301492
StatusPublished
Cited by41 cases

This text of 829 N.W.2d 37 (People v. Cain) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cain, 829 N.W.2d 37, 299 Mich. App. 27 (Mich. Ct. App. 2012).

Opinion

SAAD, EJ.

A jury convicted defendant of carjacking, MCL 750.529a, unlawfully driving away a motor vehicle (UDAA), MCL 750.413, two counts of receiving and concealing a stolen motor vehicle, MCL 750.535(7), being a felon in possession of a firearm (felon-in-possession), MCL 750.224f, and possessing a firearm during the commission of a felony (felony-firearm), MCL 750.227b. Defendant appeals and, for the reasons set forth below, we affirm.

I. FACTS AND PROCEEDINGS

This case arises from a carjacking that occurred in Detroit on June 4, 2010. Courtney Spires was driving home in his mother’s 1995 gold Saturn. When he stopped at a red light at the intersection of East Grand Boulevard and Mack, a van pulled up next to Spires on the driver’s side of his vehicle. Spires could not see the driver of the van, but he testified that defendant appeared at his window, pointed a silver revolver at him, and told him to get out of the car. Defendant ordered Spires to take off his pants and boots and stole them, along with Spires’s wallet and cell phone. Defendant then sat in the driver’s seat of the Saturn, a woman got into the front passenger seat, and they drove away as the van followed. Shortly thereafter, Spires reported the crime to the police and described the perpetrators as a black male and a black female.

On June 7,2010, at about 12:40 p.m., Sergeant Frank Carroll of the Detroit Police Department was driving in [34]*34an unmarked car near 11908 Wayburn in Detroit. Carroll worked with a multijurisdictional task force focused on automobile theft in Detroit and other nearby communities, including Grosse Pointe. As he was driving past 11908 Wayburn, Carroll noticed a gold Saturn in the backyard of an apparently vacant home. Two black males, one of whom was defendant, were standing near the car’s raised hood. Using binoculars, Carroll was able to see the car’s license plate number. He called the license plate number in to the Grosse Pointe Park police dispatcher and discovered that the Saturn was a carjacked vehicle.

Carroll called other officers and, when they arrived, they walked into the backyard. At that time, Carroll saw a third man near the front of the Saturn. He also saw a gray Ford Explorer in the backyard, which he learned was also a stolen vehicle. In addition, Carroll saw tools in the yard, including a lug wrench that was attached to a wheel of the Ford Explorer. Carroll and his team placed defendant and the two other men, Denzel Walker and William Johnson, under arrest. The officers searched defendant and found a key for the Saturn and two bullets. They impounded and searched the van that had been used in the carjacking and found a wallet and several cell phones, including Spires’s.

Carroll took defendant, Walker, and Johnson to the Grosse Pointe Park police station for processing. Carroll informed defendant of his rights, asked defendant questions, and wrote down defendant’s responses. Defendant said that someone had told him about the stolen cars and he denied ever carjacking any. He said that he was taking parts off the Ford Explorer to scrap them. Defendant denied owning a handgun and said that he found the bullets that were in his pocket. He then refused to sign the statement.

[35]*35On June 8, 2010, officers called Spires to tell him they had recovered his mother’s car. Spires went to the Grosse Pointe Park police station to identify the perpetrator in a photographic lineup. Although defendant was in custody at the station, Carroll explained that the station did not have enough young black men or the facilities required to conduct a live lineup. To conduct the photographic lineup, Sergeant Cregg Hughes compiled six mug shots, one of defendant and five others of men of similar age, with similar complexions, facial hair, and haircuts. When Spires saw the photographs, he immediately identified defendant from the array.

As noted, on October 27, 2010, a jury convicted defendant of carjacking, UDAA, two counts of receiving and concealing a stolen motor vehicle, felon-in-possession, and felony-firearm.

II. DISCUSSION

A. CONDUCT OF THE PROSECUTOR

Defendant argues that the prosecutor improperly vouched for Spires’s credibility during her rebuttal argument. “ ‘Review of alleged prosecutorial misconduct is precluded unless the defendant timely and specifically objects, except when an objection could not have cured the error, or a failure to review the issue would result in a miscarriage of justice.’ ” People v Unger, 278 Mich App 210, 234-235; 749 NW2d 272 (2008), quoting People v Callon, 256 Mich App 312, 329; 662 NW2d 501 (2003). Defendant did not object when the prosecutor made the statements at issue during her rebuttal argument. Therefore, this issue is unpreserved. Generally, this Court reviews unpreserved claims of prosecutorial misconduct for plain error. Unger, 278 Mich App at 235. “ ‘Reversal is warranted only [36]*36when plain error resulted in the conviction of an actually innocent defendant or seriously affected the fairness, integrity, or public reputation of judicial proceedings.’ ” Id., quoting Callon, 256 Mich App at 329. In addition, there is no error if “ ‘a curative instruction could have alleviated any prejudicial effect.’ ” People v Bennett, 290 Mich App 465, 476; 802 NW2d 627 (2010), quoting Callon, 256 Mich App at 329.

We hold that the prosecutor’s statements did not amount to plain error requiring reversal. When considering a claim of prosecutorial misconduct, the prosecutor’s statements should be considered in context, which includes defense counsel’s arguments. People v Seals, 285 Mich App 1, 22; 776 NW2d 314 (2009); see also Bennett, 290 Mich App at 475. It is improper for prosecutors to comment on their personal knowledge or belief with respect to a witness’s credibility. Bennett, 290 Mich App at 478. It is also improper for a prosecutor to “ ‘vouch for the credibility of his witnesses to the effect that he has some special knowledge concerning a witness’ truthfulness.’ ” People v Meissner, 294 Mich App 438, 456; 812 NW2d 37 (2011), quoting People v Bahoda, 448 Mich 261, 276; 531 NW2d 659 (1995).

Although a prosecutor may not vouch for the credibility of a witness, a prosecutor may argue and make reasonable inferences from the evidence to support a witness’s truthfulness. Bennett, 290 Mich App at 478. In addition, a prosecutor is generally “given great latitude to argue the evidence and all inferences relating to his theory of the case.” People v Thomas, 260 Mich App 450, 456; 678 NW2d 631 (2004). When a defendant argues that the prosecution’s witnesses testified dishonestly, the prosecutor may respond by arguing that the witnesses had no motive to lie. See id.

[37]*37Defendant argues that the following statements by the prosecutor improperly bolstered Spires’s credibility:

I don’t, I don’t think he would even come in — I don’t think he would come in here and lie. Absolutely not. He was brave coming in here and indicating that because stuff gets around in this city and, and he wouldn’t have done it unless it was absolutely what had happened to him.
You know, I would say to you that this — I think he was very honest about everything. He tried, you know, to be very honest. And the young man was very brave in coming here.

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Bluebook (online)
829 N.W.2d 37, 299 Mich. App. 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cain-michctapp-2012.