People v. Holland

445 N.W.2d 206, 179 Mich. App. 184, 1989 WL 90216
CourtMichigan Court of Appeals
DecidedAugust 8, 1989
DocketDocket 102590
StatusPublished
Cited by28 cases

This text of 445 N.W.2d 206 (People v. Holland) 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. Holland, 445 N.W.2d 206, 179 Mich. App. 184, 1989 WL 90216 (Mich. Ct. App. 1989).

Opinions

Griffin, J.

Defendant appeals as of right from his conviction by a jury of second-degree murder, MCL 750.317; MSA 28.549, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced to sixty to ninety years for the murder conviction, to be served consecutive to the mandatory two-year sentence on the felony-firearm conviction. We affirm.

[187]*187I

Defendant’s conviction stemmed from the shooting death of Byron Qualls, a reputed pimp and drug dealer, who was shot in the chest and buttocks at close range with a shotgun. Qualls’ body was found by highway workers in a ditch along Interstate 94, near the Michigan-Indiana border, covered by a sleeping bag and a piece of carpet. Although Qualls was known to wear a lot of jewelry, none was found on his body.

The evidence adduced at trial of defendant’s guilt for the killing was overwhelming. Defendant’s uncle, Antonio Halsey, testified at trial that defendant arrived in Chicago on July 17, 1986, driving Qualls’ 1982 Cadillac automobile. Defendant told Halsey that he had shot someone in Battle Creek. He described the wounds and how he put the victim in the trunk of the Cadillac wrapped in a carpet. According to the defendant, the victim was still alive when he was placed in the trunk; however, the victim’s pounding and screaming from inside the trunk grew fainter as the defendant drove along 1-94. Defendant admitted to Halsey that he buried the victim’s body in Indiana.

The carpet and sleeping bag found covering the victim’s body were identified as coming from the defendant’s Battle Creek apartment. A number of shotgun pellets and a piece of gold-ring chain were found embedded in the living room wall of the apartment. Blood stains were found on the living room paneling and on the wall near the stairway. Blood spots were also found in the trunk of the Cadillac. All of the identified blood matched the victim’s blood type (type O).

Odell Miller (former friend of the defendant) and Alice Humphries (former girl friend of the defen[188]*188dant) also resided in the Battle Creek apartment in which the shooting occurred. At trial, Miller testified that he arrived at the apartment sometime after 8:00 p.m. on July 15, 1986. At that time, he observed the defendant and another man in the apartment. The unidentified man who had been shot was mumbling and lying in a pool of blood.

Defendant was apprehended in Chicago two months after the shooting. During his arrest, defendant threw away a black onyx ring which was later identified as belonging to the victim. A shotgun determined to be the murder weapon was found in defendant’s possession. Qualls’ Cadillac automobile was ultimately located on the west side of Chicago.

At trial, the defendant took the stand in his own defense. During his testimony, defendant denied shooting Qualls and presented an alibi defense. In particular, the defendant stated that, on the night of the killing, he was not in Battle Creek but was enroute to Chicago. According to the defendant, he could not have shot Qualls because at the time of the incident he was a passenger in a brown Chevrolet Nova in the company of another uncle, Darwin Halsey, along with Darwin’s girl friend. Although defendant claimed to have forgotten the girl friend’s name, it is undisputed that Doris Diane Holmes is Darwin Halsey’s girl friend and that Darwin and Ms. Holmes drive a gold Nova automobile.

In addition to his own testimony, the defendant also presented the testimony of his former girl friend Alice Humphries, who stated that the defendant was not present in the apartment when she heard gunshots. Further, Ms. Humphries testified that after the shots were heard, she observed Odell Miller with a gun in his hand.

Prior to trial, the defendant filed with the court [189]*189a notice of alibi which gave the prosecution notice of the defendant’s intention to assert an alibi defense. The alibi notice listed as "the names of witnesses known to the defendant to be called to establish such defense”:

Darwin Halsey, 1424 South St. Louis, Chicago, Illinois, first floor apartment, [and] Diane Holmes, 1424 South St. Louis, Chicago, Illinois, basement apartment.

Further, the notice of alibi asserts the following as the defendant’s whereabouts at the time of the shooting:

The defendant claims he was between Kellogg Regional Airport, Battle Creek, Michigan, and 1424 South St. Louis, Chicago, Illinois, between 8:25 p.m. and 2 a.m. on the 15th and 16th days of July, 1986.

After the defense rested, the prosecution called Doris Diane Holmes as a rebuttal witness and successfully persuaded the lower court to read to the jury the defendant’s notice of alibi.

n

Defendant raises four issues on appeal. First, he argues that, because he did not present an alibi at trial, the lower court erred so as to require reversal in reading to the jury his notice of alibi and allowing the prosecutor to comment in closing argument as to the failure of the defendant to call alibi witnesses Darwin Halsey and Doris Diane Holmes. We would agree with the defendant if an alibi had not been presented at trial by the defense. Here, however, the defendant’s trial testimony was consistent with his notice of alibi that [190]*190he was not present in the apartment at the time of the shooting. His testimony that he was between Battle Creek and Chicago with his Uncle Darwin Halsey and his uncle’s girl friend is an alibi. His absence from the apartment at the time of the shooting was corroborated by defense witness Alice Humphries.

As a general rule, where a defendant effectively withdraws his notice of alibi by failing to present any evidence on the defense, it is improper for the prosecution or the trial judge to comment on the defendant’s original intention to present an alibi. People v Shannon, 88 Mich App 138; 276 NW2d 546 (1979). Such comment is tantamount to shifting the burden of proof by allowing the jury to make adverse inferences from defendant’s or the alibi witness’s failure to testify:

Informing the jury of defendant’s failure to produce an alibi witness where he had previously given notice unduly denigrates defendant’s case when he later chooses to present no evidence. At issue is the jury’s ability to draw an impermissible inference of guilt from defendant’s decision not to call an alibi witness and its relation to his involvement in the charged crime. A jury is left with the impression that by defendant’s unsuccessful attempt to follow through with his alibi, guilt is rendered more presumable and apparent. [Shannon, supra at 143.]

However, it is well settled that the prosecution may comment on the filing of a notice of alibi by a defendant and upon defendant’s failure to produce corroborating witnesses after defendant has actually put forth an alibi defense. Shannon, supra; People v Hunter, 95 Mich App 734, 738-739; 291 NW2d 186 (1980); People v Dean, 103 Mich App 1; 302 NW2d 317 (1981). As stated by this Court in Shannon, supra at 145:

[191]*191Where a defendant testifies to an alibi and calls no additional witnesses to support it, the prosecution, by commenting on the nonproduction of corroborating alibi witnesses, is merely pointing out the weakness in defendant’s case.

In Shannon,

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People v. Holland
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Bluebook (online)
445 N.W.2d 206, 179 Mich. App. 184, 1989 WL 90216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holland-michctapp-1989.