People v. Manning

450 N.W.2d 534, 434 Mich. 1
Michigan Supreme Court·Decided January 5, 1990·No. 81682, (Calendar No. 6)·Published·Cited by 27 cases

Opinions

Boyle, J.

In August, 1984, appellant Robin Rick Manning and William John Luna were charged [4] with first-degree murder, carrying a weapon with unlawful intent, and possession of a firearm during the commission of a felony in connection with the fatal shooting of Thomas Newvine. Newvine’s death stemmed from an argument between himself and Gilbert Morales at a neighborhood house party. During the course of the argument, New-vine forcefully ejected Morales from the party, at which time Morales threatened to return later and kill Newvine. After Morales was ejected from the party, he called William Luna’s house seeking backup in the fight he intended to continue with Newvine.

Subsequently, the defendant and Luna drove to Morales’ home, at which time Morales, armed with two guns, a long-barreled and a shorter-barreled weapon, joined them. When the trio arrived at the party, Newvine was standing in the street immediately outside the home in which the party was being held. Shots were fired from the car and Newvine was killed.

Defendant and William Luna were tried jointly for Newvine’s murder.1

On the fifth day of trial, William Luna, on the basis of a plea bargain,2 pleaded guilty of second-degree murder. The defendant rejected a similar bargain against the advice of counsel.

Outside the jury’s presence, Manning’s counsel then asserted that a new trial was necessary in order to prevent the jury from drawing from Luna’s plea an impermissible inference of Manning’s [5] guilt. Defense counsel did not object to the trial court’s instruction advising the jury that Luna had pleaded guilty or limiting the substantive use of Luna’s plea, but alternatively requested that the trial court inform the jury only that Luna pleaded guilty without specifying the charge to which the plea had been entered. No request was made to limit the prosecution’s use of the plea, and no objection was interposed when the prosecution questioned Manning on direct examination regarding the plea.

The trial court denied the motion for a mistrial and informed the jury that Luna pleaded guilty to second-degree murder, cautioning the jury that it was not to draw any inference from Luna’s guilty plea and that Manning remained entitled to the presumption of innocence. The instruction was given again prior to deliberation.

Luna testified that Mr. Manning answered the call from Morales asking for backup and that he and Manning drove to Morales’ house where Morales brought the guns into the car and said he was going to "blow [the victim] away.” He further testified that Manning drove to the party, got out of the car, and took the .22 from the back seat where Morales had placed it. Manning then entered the front passenger side of the car, passed the .22 to Morales, took the shotgun from him, and, with Luna driving, the three continued to look for Newvine. While Luna testified that Manning did not fire the gun he had, other testimony established that guns were fired both from the front passenger and rear windows. Thus, although Luna testified that Morales fired the fatal shots, his testimony inculpated defendant Manning as an aider and abettor of first-degree murder.

Luna was briefly questioned on direct examina[6] tion about his plea.3 On cross-examination, a pointed attack on Luna’s credibility was made by defense counsel;4 following that attack, the prose[7] cution on redirect examination made further reference to the plea in an effort to bolster Luna’s testimony.

The jury found Manning guilty of first-degree murder, carrying a weapon with unlawful intent, and felony-firearm.

After the Court of Appeals affirmed his conviction in an unpublished per curiam opinion, Manning sought leave to appeal in this Court. Leave was granted on two issues: 1) whether the trial court erred by denying the defendant’s motion for a mistrial, and 2) whether the trial court erred in denying the defendant’s request to keep from the jury the details of the codefendant’s guilty plea. For the reasons that follow, we affirm the defendant’s conviction.

i

THE MOTION FOR MISTRIAL

The likelihood that Mr. Manning would be acquitted, or convicted of a lesser offense, was greatly diminished when Mr. Luna pleaded guilty and testified against him. However, the grant or denial of a motion for mistrial rests in the trial court’s sound discretion, and an abuse will be found only where denial of the motion deprived the defendant of a fair and impartial trial. People v Watson, 307 Mich 596; 12 NW2d 476 (1943). Simply put, Mr. Luna’s plea was an unfortunate turn of events for the defendant, but it did not [8] constitute unfair prejudice. Luna’s testimony was competent, relevant and undeniably admissible, and the trial court’s unobjected to cautionary instruction on defendant’s right to be tried solely on the evidence of his own guilt appropriately addressed the potential prejudice inherent in the inculpatory nature of accomplice testimony.

That Luna’s testimony was highly inculpatory is a proposition no reasonable person would dispute. However, were we to hold that the possibility of guilt by association could not be mitigated by a cautionary instruction, as the dissent suggests, it would logically follow that the only alternative would be to exclude accomplice testimony altogether. In this situation we rely on the "almost invariable assumption of the law that jurors follow their instructions . . . .” Richardson v Marsh, 481 US 200, 206; 107 S Ct 1702; 95 L Ed 2d 176 (1987).5

We do not suggest that a trial court might not appropriately take the more drastic step of declaring a mistrial where it concludes that even the strongest curative instruction would be insufficient [9] protection for a defendant. United States v Baete, 414 F2d 782 (CA 5, 1969).

We merely hold that on this record, where there is no indication and no claim that the defendants attempted to exculpate themselves while destroying each other or that the prosecution timed the negotiations to achieve that result, the trial court’s action did not deprive the defendant of a fair trial.

ii

THE COURT’S INSTRUCTION REGARDING THE PLEA

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

People v. Manning, 450 N.W.2d 534, 434 Mich. 1 (Mich. 1990).

450 N.W.2d 534 (People v. Manning) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v Jennings
Michigan Supreme Court, 2026
People of Michigan v. Tyrone Demarcus Parker
Michigan Court of Appeals, 2025
People of Michigan v. Jamal Devonta Bennett
Michigan Court of Appeals, 2024
D People of Michigan v. Antrone Tywone Wilson
Michigan Court of Appeals, 2023
People of Michigan v. Todd William Cunningham
Michigan Court of Appeals, 2023
Robin Manning
Sixth Circuit, 2022
People of Michigan v. Milton Jerome Baytops
Michigan Court of Appeals, 2021
People of Michigan v. Felando Damone Hunter
Michigan Court of Appeals, 2015
People v. Alter
659 N.W.2d 667 (Michigan Court of Appeals, 2003)
People v. Wilson
619 N.W.2d 413 (Michigan Court of Appeals, 2000)
State v. Cornwell
1999 Ohio 125 (Ohio Supreme Court, 1999)
People v. Wolverton
574 N.W.2d 703 (Michigan Court of Appeals, 1998)
State v. Williams
1997 Ohio 407 (Ohio Supreme Court, 1997)
People v. Dowdy
536 N.W.2d 794 (Michigan Court of Appeals, 1995)
People v. Hana
524 N.W.2d 682 (Michigan Supreme Court, 1994)
People v. Weatherford
483 N.W.2d 924 (Michigan Court of Appeals, 1992)
People v. Sutton
464 N.W.2d 276 (Michigan Supreme Court, 1990)
People v. Mumford
455 N.W.2d 51 (Michigan Court of Appeals, 1990)
People v. Manning
450 N.W.2d 534 (Michigan Supreme Court, 1990)