People v. Taylor

373 N.W.2d 579, 422 Mich. 407
CourtMichigan Supreme Court
DecidedSeptember 4, 1985
Docket65622, (Calendar No. 1)
StatusPublished
Cited by17 cases

This text of 373 N.W.2d 579 (People v. Taylor) 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. Taylor, 373 N.W.2d 579, 422 Mich. 407 (Mich. 1985).

Opinions

Williams, C.J.

The issue in this case is whether the holding of People v Lytal, 415 Mich 603; 329 NW2d 738 (1982), entitling a defendant to a determination in limine of the admissibility on cross-examination of evidence of prior convictions for the purpose of impeaching credibility, precludes the trial court from reserving the right to admit such evidence in the event it becomes relevant to rebut or contradict specific testimony given by the defendant on direct examination.

We hold that the rule in Lytal prohibiting the trial court from reserving its ruling on the admission of prior convictions applies only when the court reserves the discretion to admit such evidence for the purpose of impeaching a defendant’s general credibility and not when it reserves the right to allow such evidence to be introduced for the purpose of rebutting specific statements made by the defendant at trial. In this case, the trial court ruled before presentation of the defendant’s case that evidence of his prior conviction would not be admissible to impeach credibility generally and stated that it was reserving the issue of admissibility for other purposes. Therefore, the court had the discretion to admit evidence of the prior conviction after Taylor had testified to rebut his [411]*411statements on the stand. We find no abuse of discretion by the trial court in its ruling, and therefore we affirm the defendant’s conviction.

I. Facts

Defendant and his codefendant were charged and jointly tried before separate juries of first-degree felony murder, MCL 750.316; MSA 28.548, armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant was convicted of the three charged offenses, but his codefendant was convicted of only felony murder and unarmed robbery. Thereafter, except for felony murder, their convictions were dismissed on double jeopardy grounds. Both were sentenced to life imprisonment.

The trial testimony revealed that on the evening of May 30, 1977, two men, one armed with a handgun, confronted the victim, Earl Benton, as he left a drugstore and forced him into the back seat of his car. One of the assailants sat with the victim in the back seat and the other drove. They circled the neighborhood, and the assailant in the back seat was seen choking and beating the victim. Eventually the car stopped in an alley, a shot was heard, and the assailants were seen fleeing on foot. The victim was found fatally wounded in the back seat of his car with his jewelry and money missing.

The defendant and codefendant were identified by witnesses as the two men who forced the victim into his car, who drove the victim around, and who fled from the scene of the crime on foot. When arrested, Taylor had in his possession some of the victim’s money and jewelry.

Defendant’s defense was that he had no advance [412]*412knowledge of the robbery, that he was forced at gunpoint to drive the car by his codefendant, that he was so intoxicated that he did not know what was going on, and that he did not run away earlier because he was hysterical.

On the first day of trial, the trial court reserved its ruling on defendant’s motion to suppress evidence of his prior conviction of assault with intent to commit armed robbery. During the trial and prior to the presentation of defendant’s case, the trial court granted defendant’s motion to exclude his prior conviction, but stated that

if the testimony elicited from any witness on behalf of the defense or from any of the defendants themselves Or the circumstances of any evidence in this case cause the evidence of prior convictions to become substantially probative, then this Court reserves the right to change its opinion and to permit cross examination on the basis of prior convictions.

Defendant did not object to this ruling. The trial court later allowed evidence of the prior conviction to be used by the prosecution to contradict defendant’s testimony on cross-examination that he was "hysterical” and that that was why he did not flee when codefendant was putting the victim in the back seat of the car even though the car door was between defendant and codefendant and the gun was not pointed at him during this time.

The Court of Appeals, relying on its earlier decision in People v Lytal, 96 Mich App 140; 292 NW2d 498 (1980), which was subsequently reversed by this Court, 415 Mich 603; 329 NW2d 738 (1982), affirmed defendant’s conviction on the ground that defendant was not adversely affected by the trial judge’s reserved ruling since the record indicated that defendant would have testified [413]*413regardless of the trial court’s decision and the defendant made no demand for an immediate ruling.

We initially ordered defendant’s application for leave to appeal to be held in abeyance pending our decision in People v Lytal, supra. After Lytal was decided, we granted leave to appeal. 418 Mich 893 (1983).

II. The Lytal Decision

In People v Lytal, 415 Mich 603, 607; 329 NW2d 738 (1982), where defendant was on trial for the same kind of drug offense, the prosecutor moved to admit evidence of defendant’s prior conviction of possession with intent to deliver a controlled substance for the purpose of impeaching defendant’s credibility should he take the stand. The trial court, however, reserved ruling on this motion until after defendant testified. The defendant did testify, and, pursuant to the prosecutor’s renewed motion, the trial court ruled that evidence of the prior conviction was admissible to refute Lytal’s testimony that he did not know or understand what was in pharmaceutical bottles in his codefen-dant’s possession.

We held that a trial judge may not reserve a ruling until after a defendant has testified on a motion to suppress evidence of the defendant’s prior conviction when offered to impeach credibility under MRE 609. Citing People v Hayes, 410 Mich 422; 301 NW2d 828 (1981), we stated that "[t]he defendant is entitled to know before he takes the stand whether, if he does so, the prior record can be used for impeachment.” 415 Mich 609.

This Court further noted that while the trial judge ruled that the evidence was admissible to [414]*414impeach Lytal’s testimony, the evidence had been offered by the prosecutor to impeach credibility and not testimony and therefore defense counsel did not have the opportunity to argue that point before the judge ruled. 415 Mich 610. Moreover, there was no cautionary instruction to the jury as to the limited use of a prior conviction offered to impeach testimony since the evidence was offered to impeach the defendant’s credibility. Id.

III. Clarification of Lytal

This Court’s holding in Lytal prohibiting a trial court from reserving its ruling on the admission of evidence of prior convictions until after a defendant has testified applies only where such evidence is offered to impeach a defendant’s general credibility under MRE 609. It remains within the trial court’s discretion to admit at any time during the course of a trial evidence of prior convictions, notwithstanding a ruling to exclude such evidence under MRE 609, if it is being offered for some proper purpose other than to impeach a defendant’s credibility in general.

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People v. Taylor
373 N.W.2d 579 (Michigan Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
373 N.W.2d 579, 422 Mich. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taylor-mich-1985.