People v. Gilmore

564 N.W.2d 158, 222 Mich. App. 442
CourtMichigan Court of Appeals
DecidedMarch 25, 1997
DocketDocket No. 193063
StatusPublished
Cited by101 cases

This text of 564 N.W.2d 158 (People v. Gilmore) 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. Gilmore, 564 N.W.2d 158, 222 Mich. App. 442 (Mich. Ct. App. 1997).

Opinion

Markman, P.J.

Defendant was charged with felonious assault upon Kensington Park Ranger Jeffrey Shade, MCL 750.82; MSA 28.277. Defendant requested that Ranger Shade be charged with assault and malicious destruction of property in connection with the incident, but the prosecutor’s office denied this request. Defendant subsequently filed a motion, over the prosecutor’s objections, to compel the discovery of the prosecutor’s “disposition record,” which set forth the reasons why the prosecutor denied defendant’s request. The trial court granted defendant’s motion. The prosecutor appeals from that order by leave granted, and defendant cross appeals from the trial court’s order denying his motion to dismiss the charge against him on the basis that he was denied [445]*445his right to a speedy trial. We reverse the trial court’s order granting discovery of the prosecutor’s disposition record but affirm its order denying defendant’s motion to dismiss on speedy trial grounds.

On July 4, 1994, after a fireworks display at Kensington Metropark, defendant was driving his Range Rover out of the boat rental area, where two park rangers, Michael Grant and Jeffrey Shade, were directing traffic. According to the rangers, defendant disobeyed their instructions to travel west and drove over flares to travel east. Ranger Shade then moved in front of the vehicle and told defendant to stop. Because defendant did not stop, Shade hit the hood of defendant’s vehicle with a flashlight and told him to park the vehicle on the shoulder of the road. However, defendant continued to travel forward. Shade was standing against the front of the Range Rover and alleges that he was lifted nearly off his feet and fell onto the hood. He claims that he then swung forward with his flashlight, which struck the windshield and shattered it. Kensington Park officials issued a citation to defendant and later sought an arrest warrant.

The following day, Brian Tingley gave a statement to Kensington Park officials providing an alternative description of the incident, which he witnessed while sitting as a passenger in his father’s car. Tingley saw the Range Rover attempt to travel east by turning right. A ranger ran across the street and hit the Range Rover in the headlight with a flashlight two or three times while yelling “you can’t go this way.” Tingley [446]*446stated that the ranger broke the headlight.1 It then appeared to Tingley that the Range Rover was pulling off the road. However, as defendant tried to pull over, “the ranger jumped in front of his . . . car and kind of leaned up onto the front of the . . . hood and took his flashlight and hit it, and yelled, ‘you’re running me over’ into his . . . walkie-talkie.” Tingley did not know defendant but reported the incident because he was bothered that the ranger claimed defendant was running him over when it did not so appear. Moreover, Tingley believed that “it was obvious [the ranger] meant to hit the . . . Range Rover with his flashlight. There was no accident. . . . [H]e wasn’t falling or anything. He . . . was leaning on the car and hit it with his flashlight.”

After being bound over to the circuit court for a trial regarding the felonious assault charge, defendant requested dismissal of the charge in light of the preliminary examination testimony of independent witness Brian Tingley and because the testimony of Ranger Shade was not credible and defied common sense. The prosecutor denied defendant’s request, stating that there was probable cause to bind him over for trial on the felonious assault charge. Defendant subsequently requested that criminal charges be filed against Shade for. assault and malicious destruction of property, but the prosecutor declined to do so.

Defendant subsequently filed a motion to obtain “copies of any statements or other documents indicating the reason for denial of defendant’s warrant request for the prosecution of [Ranger Shade],” spe[447]*447cifically, the prosecutor’s disposition record. The prosecutor opposed defendant’s motion on the basis that his disposition record constituted attorney work product and fell within the deliberative-process privilege.2 The trial court conducted a hearing and an in camera inspection of the prosecutor’s disposition record and determined that it was not work product. It therefore ordered the prosecution to provide the document to defendant. The prosecutor refused to comply with the discovery order, filed an emergency application for leave to appeal to this Court, and filed a motion for a stay of proceedings in the trial court. The trial court denied the prosecutor’s motion for a stay and required the prosecutor to provide defendant with a copy of the disposition record.3 The trial court consequently delivered a copy of the disposition record to defendant.4 In granting leave to appeal and vacating the circuit court’s order of dismissal in favor of the defendant, this Court also granted the prosecutor’s motion to suppress the disputed document.5

[448]*448The prosecutor first argues that the disposition record is attorney work product and therefore not discoverable. Whether a prosecutor’s disposition record is privileged from discovery is a question of law. This Court reviews questions of law de novo. People v Connor, 209 Mich App 419, 423; 531 NW2d 734 (1995).

Criminal discovery is governed by MCR 6.201, the applicable version of which provides in relevant part:

(B) Discovery of Information Known to the Prosecuting Attorney: Upon request, the prosecuting attorney must provide each defendant:
(1) any exculpatory information or evidence known to the prosecuting attorney;
(2) any police report concerning the case, except so much of a report as concerns a continuing investigation;
(3) any written or recorded statements by a defendant, codefendant, or accomplice, even if that person is not a prospective witness at trial;
(4) any affidavit, warrant, and return pertaining to a search or seizure in connection with the case; and
(5) any plea agreement, grant of immunity, or other agreement for testimony in connection with the case.
(C) Prohibited Discovery.
(1) Notwithstanding any other provision of this rule, there is no right to discover information or evidence that is protected from disclosure by constitution, statute, or privilege, including information or evidence protected by a defendant’s right against self-incrimination. . . .

Subrule C(2), added by an amendment effective July 1, 1996, outlines a procedure for in camera inspection of records protected by privilege to which a defendant demonstrates a good-faith belief that they “contain material information necessary to the defense.”

[449]*449Interpretation of a court rule is subject to the same basic principles that govern statutory interpretation. Saint George Greek Orthodox Church v Laupmanis Associates, 204 Mich App 278, 282; 514 NW2d 516 (1994); People v Blunt, 189 Mich App 643, 648; 473 NW2d 792 (1991). We construe a court rule in accordance with “the ordinary and approved usage of the language” and “in light of its purpose and the object to be accomplished by its operation.” Laupmanis, supra

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Bluebook (online)
564 N.W.2d 158, 222 Mich. App. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gilmore-michctapp-1997.