People v. Rappuhn

212 N.W.2d 205, 390 Mich. 266, 67 A.L.R. 3d 766, 1973 Mich. LEXIS 142
CourtMichigan Supreme Court
DecidedNovember 20, 1973
Docket14 March Term 1973, Docket No. 53,021
StatusPublished
Cited by43 cases

This text of 212 N.W.2d 205 (People v. Rappuhn) 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. Rappuhn, 212 N.W.2d 205, 390 Mich. 266, 67 A.L.R. 3d 766, 1973 Mich. LEXIS 142 (Mich. 1973).

Opinions

[268]*268Williams, J.

Of the numerous issues raised in this case, the one we focus on as dispositive is whether the trial court committed reversible error in allowing the prosecutor, over timely objection, to impeach defendant’s credibility by discussing prior arrests of the defendant. Also, we consider whether a prosecutor may attempt to impeach a witness’s credibility on cross-examination by questions relating to the duration and details of prior prison sentences.

I—FACTS

Defendant was jury convicted of rape (MCLA 750.520; MSA 28.788) and kidnapping (MCLA 750.349; MSA 28.581). The Court of Appeals affirmed the conviction, 25 Mich App 62; 180 NW2d 900 (1970). We granted leave on July 17, 1972. 387 Mich 809-810.

On direct examination Rappuhn testified that in August, 1966 he had been convicted of attempted felonious assault on a plea of guilty. He also admitted three other arrests which led to convictions.

On cross-examination the following occurred:

"Q. You were arrested at that time for kidnapping and felonious assault?
"Mr. Húoe [defendant’s counsel]: Objection, your Honor, the only thing that the Defendant has admitted he was arrested and convicted of attempted felonious assault. That’s all there is to it.
"The Court: What is the objection; are you just repeating?
"Mr. Hooe: He said something about attempted kidnapping.
"Mr. Davey [assistant prosecuting attorney]: I didn’t say 'attempted’, I said kidnapping.
"Mr. Hooe: I object, he was convicted of attempted [269]*269felonious assault. I don’t think the Prosecutor is able to inquire into the details surrounding the arrest. That is all there was to it, he admitted.”

After much discussion the judge overruled the objection:

"The Court: Well, the Court is going to allow the Prosecutor to inquire as to other arrests of this Defendant. Your objection is on the record.
"You may return the jury.”

And the question about the kidnapping was asked and answered:

"Q. (By Mr. Davey): Have you ever been arrested for kidnapping, Mr. Rappuhn?
"A. Yes, sir.
"Q. And have you ever been arrested for felonious assault?
"A. At the same time, yes, sir.
"Q. The same time as the kidnapping charge?
"Mr. Hooe: Court please, for the record, I’m going to object on the grounds that the Defendant answered the question, he has given the information about the February, 1966, arrest and conviction.
"The Court: Overruled.
"Q. (By Mr. Davey): You were charged with two counts at that time, correct?
"Mr. Hooe: Court please, the same objection.
"The Court: Are you objecting on the grounds it is repetitious?
"Mr. Hooe: Yes, your Honor, and going into the details.
"The Court: He isn’t going into the details.
"Mr. Hooe: Pardon?
"The Court: He hasn’t gone into details as yet, Counsel, he’s just repeating, bringing out the repetition of the answer which you already elicited. It is overruled.
"Q. (By Mr. Davey): For that particular offense you [270]*270were charged with two counts, is that correct, kidnapping and felonious assault?
"Mr. Hooe: Objection, your Honor.
"The Court: Overruled.
"The Witness: Yes, sir.”

The fact that the defendant had been charged with kidnapping, the very offense with which he was charged in this case, was argued to the jury during the prosecutor’s final argument:

"Here is a man convicted of beginning in 1960 of simple larceny, then at a later time in 1960 of unlawfully driving away an automobile, who was arrested for breaking and entering, although not convicted in 1964, was convicted of another crime, larceny from an auto, in 1960 [sic; actually 1966] was charged with kidnapping, the very same offense, and felonious assault, although he pled guilty to a lesser offense. The year before this happened, he was charged with a separate— this offense—on a separate occasion.”

II—IMPEACHMENT OF DEFENDANT BY USE OF PRIOR ARRESTS

In the recently decided case of People v Falkner, 389 Mich 682, 695; 209 NW2d 193, 199 (1973), Chief Justice T. M. Kavanagh speaking for this Court ruled:

"[I]n the examination or cross-examination of any witness, no inquiry may be made regarding prior arrests or charges against such witness which did not result in conviction; neither may such witness be examined with reference to higher original charges which have not resulted in conviction, whether by plea or trial.” (Emphasis added.)

In Falkner the credibility of alibi witnesses was impeached by reference to an arrest record. Here it was defendant himself who was impeached by [271]*271reference to his arrest record. Falkner clearly speaks to the impeachment of any witness by use of an arrest record. Therefore, defendant is entitled to a new trial on the basis of Falkner.

Ill—IMPEACHMENT BY REFERENCE TO THE LENGTH AND DETAILS OF SENTENCE

As we stated above, defendant is entitled to a new trial under the rule of Falkner. However, since a new trial is required this Court will address itself to one of the other issues which might arise again at the new trial. That is, may a prosecutor impeach a witness’s credibility on cross-examination by questions relating to the duration and details of prior prison sentences.

A. Facts

On direct, defendant did not make any statement as to the length of sentence resulting from his prior convictions to which he did testify. On cross-examination the following exchange took place between the defendant and prosecutor.

”Q. And where had you lived three days prior to this particular crime?
"A. Brighton, Michigan; Howell, Michigan.
"Q. What kind of institution were you living in there?
”A. Camp Brighton Prison Camp.
”Q. You had just been released from prison three days when this crime occurred, is that correct?
”A. Yes sir.
”Q. And what offense were you in prison for at the time you were released?
'A. Attempted felonious assault.

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Cite This Page — Counsel Stack

Bluebook (online)
212 N.W.2d 205, 390 Mich. 266, 67 A.L.R. 3d 766, 1973 Mich. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rappuhn-mich-1973.