People v. Frazier

521 N.W.2d 291, 446 Mich. 539
CourtMichigan Supreme Court
DecidedAugust 29, 1994
DocketDocket Nos. 94507-94510, (Calendar No. 1)
StatusPublished
Cited by16 cases

This text of 521 N.W.2d 291 (People v. Frazier) 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. Frazier, 521 N.W.2d 291, 446 Mich. 539 (Mich. 1994).

Opinions

AFTER REMAND

Brickley, J.

This Court is once again presented with the question whether the trial court erred in permitting the prosecutor to introduce into evidence at a joint trial the redacted statements of nontestifying codefendants where the jury was instructed that the statements be considered against the declarant only. Applying our ruling in People v Banks, 438 Mich 408; 475 NW2d 769 (1991), we hold that the introduction of the co-defendants’ statements in this case, preceded by a limited use instruction, did not violate the defendants’ right of confrontation guaranteed by the US Const, Am VI and Const 1963, art 1, § 20.

Given the circumstances of this crime, we hold that the admission of the minimally redacted, statements was not error. While some of the individual statements introduced may have inferen[542]*542tially incriminated the other defendants where those statements referred to others involved as "friend” or "friends,” the jury could have surmised that persons other than those on trial might have been the friend or friends referred to when considered in the context of the evidence. Therefore, the inference was not powerfully incriminating, and the jury in this case could be presumed to have followed the limited use instruction.

i

The four defendants were jointly tried for the shooting death of an off-duty state police trooper during an armed robbery outside a Detroit restaurant near the Detroit River at Hart Plaza. There was testimony at trial that established all four codefendants to be members of a gang known as the "Be Likes.” All four defendants made at least one statement to the police. Each defendant admitted some complicity in the robbery, but each denied involvement in the actual shooting. Specifically, each defendant admitted to knowing that fellow gang members were going to commit a robbery and knowing that one fellow gang member had a gun. Each defendant stated that his role was to act as a lookout for police while the robbery occurred. All four defendants were convicted by a jury of second-degree murder. MCL 750.317; MSA 28.549.

Before this Court’s decisions in People v Banks, supra, and People v Watkins, 438 Mich 627; 475 NW2d 727 (1991), the Court of Appeals affirmed the convictions of all four defendants1 in an unpublished opinion per curiam, issued March 8, [543]*5431990 (Docket Nos. 102749, 102920, 103553, and 104683). This Court ordered the Court of Appeals to reconsider the appeal in light of Banks and Watkins. 439 Mich 896-897 (1991). On remand, the Court of Appeals reversed defendants’ convictions in an unpublished opinion per curiam, issued July 16, 1992 (Docket Nos. 147931-147934). We granted leave to appeal. 442 Mich 929 (1993).

n

A

Defendants’ assertion of error requiring reversal is premised on the prosecution’s use of the redacted statements of nontestifying codefendants, allegedly in violation of each respective defendant’s right of confrontation under the Sixth Amendment of the United States Constitution2 and under Const 1963, art 1, § 20.3

The right of confrontation insures that the witness testifies under oath at trial, is available for cross-examination, and allows the jury to observe the demeanor of the witness. California v Green, 399 US 149, 158; 90 S Ct 1930; 26 L Ed 2d 489 (1970). Recalling the origins of the Confrontation Clause, the Supreme Court noted:

[544]*544[T]he particular vice that gave impetus to the confrontation claim was the practice of trying defendants on "evidence” which consisted solely of ex parte affidavits or depositions secured by the examining magistrates, thus denying the defendant the opportunity to challenge his accuser in a face-to-face encounter in front of the trier of fact. [Id., p 156.]

The Court in Green quoted Mattox v United States, 156 US 237, 242-243; 15 S Ct 337; 39 L Ed 409 (1895), for its historical view regarding the primary object of the Confrontation Clause and the role of the literal right to confront. The purpose of a right of a confrontation is to provide for

"personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.” [Green, supra, pp 157-158.]

Addressing the issue of the use of a codefendant’s unedited statement at a joint trial, the Supreme Court held in Bruton v United States, 391 US 123, 135-136; 88 S Ct 1620; 20 L Ed 2d 476 (1968), that it was error to allow the powerfully incriminating unredacted statement made by a nontestifying codefendant. Despite the cautionary instruction given by the judge that the statement should only be considered in evaluating the co-defendant’s guilt, allowing the jury to hear the facially incriminating statement violated the defendant’s right to confront the witness. Id.

The Bruton Court observed that statements made by codefendants are often suspect because [545]*545the declarant is motivated to shift blame. Id., p 136. In a joint trial, when a jury hears a codefendant’s powerfully incriminating statement that expressly names the defendant and describes the defendant’s role in the crime, the risk is that the jury will consider the codefendant’s statement in assessing the guilt of the defendant despite an instruction telling it not to do so. Id., pp 135-136. While limiting instructions avert the risk of improper consideration of evidence in many situations, in this context, human limitations would render the instructions ineffective.4 Id.

In a plurality opinion, Parker v Randolph, 442 US 62; 99 S Ct 2132; 60 L Ed 2d 713 (1979), the Court later addressed the admission of a codefendant’s facially incriminating statement in a trial in which the defendant had also confessed to essentially the same facts. Four of the justices were of the opinion that there was no violation of the Confrontation Clause in such a situation because the codefendant’s statement did not have a devastating effect on the defendant’s case. Id., p 75. The plurality reasoned that where the defendant has already confessed, "[his] case has already been devastated . . . .” Id., p 75, n 7.

Subsequently, the Court revisited the issue whether it was proper to allow the admission of a nontestifying codefendant’s facially incriminating [546]*546statement in a trial in which the defendant has also confessed and concluded the defendant’s right of confrontation had been violated by the admission. Cruz v New York, 481 US 186, 192-194; 107 S Ct 1714; 95 L Ed 2d 162 (1987). The codefendant’s unredacted statement was said to be "interlocking” in that it was similar in material respects. As such, it corroborated and confirmed the defendant’s own statement so as to further implicate him.5 Id., p 192.

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

Related

People of Michigan v. Demarco Antoinio Warren
Michigan Court of Appeals, 2020
People of Michigan v. Robert Scott Knauss
Michigan Court of Appeals, 2017
People of Michigan v. Marvin Lamar Wilburn
Michigan Court of Appeals, 2016
People of Michigan v. Michael Demond Lawson
Michigan Court of Appeals, 2016
People of Michigan v. Willie Lee Wimberly
Michigan Court of Appeals, 2016
People of Michigan v. Jason David Sadowski
Michigan Court of Appeals, 2015
People v. Yost
749 N.W.2d 753 (Michigan Court of Appeals, 2008)
People v. Watson
629 N.W.2d 411 (Michigan Court of Appeals, 2001)
People v. Robinson
575 N.W.2d 784 (Michigan Court of Appeals, 1998)
People v. Perez-DeLeon
568 N.W.2d 324 (Michigan Court of Appeals, 1997)
People v. Lee
537 N.W.2d 233 (Michigan Court of Appeals, 1995)
People v. Frazier
521 N.W.2d 291 (Michigan Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
521 N.W.2d 291, 446 Mich. 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-frazier-mich-1994.