People of Michigan v. Tremel Anderson
People of Michigan v. Tremel Anderson
Opinion
Stephen J. Markman, Chief Justice
**178
The issue in this case concerns the manner in which a magistrate may consider the credibility of witnesses' testimony in determining whether to bind over a defendant. We hold that a magistrate's duty at a preliminary examination is to consider all the evidence presented, including the credibility of witnesses' testimony, and to determine on that basis whether there is probable cause to believe that the defendant committed a crime, i.e., whether the evidence presented is "sufficient to cause a person of ordinary prudence and caution to conscientiously entertain a reasonable belief of the accused's guilt."
People v. Yost
,
I. FACTS AND HISTORY
Defendant, Tremel Anderson, was charged with assault with intent to commit murder, MCL 750.83 ; carrying a concealed weapon, MCL 750.227 ; felonious assault, MCL 750.82 ; and carrying a firearm during the commission of a felony, MCL 750.227b. At the preliminary examination, the complainant, Michael Larkins, testified as follows.
At approximately 11:30 p.m. on December 24, 2014, defendant was driving Larkins home when they got into an argument. Larkins and defendant had a newborn baby together, but they were not in a relationship. Defendant was angry because Larkins did not buy a swing for their infant son and because she believed that Larkins was in contact with his ex-girlfriend. During the argument, defendant threatened to kill Larkins, grabbed a gun from between her thighs, and pointed it at him. Defendant kept driving for five minutes with the gun pointed at Larkins but eventually pulled over to the side of the road approximately two blocks from Larkins's home. For five to seven minutes, defendant and Larkins continued to argue while defendant kept the gun pointed at Larkins. Defendant then demanded that Larkins return a spare set of keys to her car, while the latter sought to negotiate a trade of the keys for Christmas gifts that were in defendant's car. When Larkins refused to give **180 defendant the keys, defendant called the police. 1 Larkins believed that defendant called the police in order to create a diversion. While defendant was on the phone with the police, Larkins yelled for help. Defendant then attempted to fire the gun at Larkins, but *506 the gun failed to discharge. Larkins jumped out of the car and ran away as defendant fired three more shots in his direction, but none of the shots hit Larkins. Finally, defendant threw Larkins's belongings out of her car and drove away. Larkins reached a neighbor's home and called the police.
Larkins's testimony constituted the only evidence presented at the preliminary examination. The magistrate found this testimony not credible and therefore dismissed the complaint:
[W]ell, let me tell you what my issues are so that we can go straight to the point, huge issues with credibility. This young man wants me to believe that somebody had a gun on him; they pulled the car over; he asked to get out; but he wanted his Christmas gifts.
He is afraid because this person had threatened to kill him and they're pointing a gun at him, but he wants to get his Christmas gifts for his family. I don't [sic] any testimony about a handgun. If I don't believe this witness, if I find him to not be credible, which in a preliminary examination, I have to determine the credibility of the witness.
You've put on no witness to tell me that there was a handgun recovered. You've put on no witness to tell me that there was some spent casings, shell casings that were recovered.
There's no witness, other than this young man, who is just all over the place everywhere and although he's claimed that this gun was pulled out, I'm just going to tell **181 you, I am having a hard time believing that his life was at stake and we have no tape of the 911 call that supports that he felt that he was in danger.
We have nothing else but his testimony that is, quite frankly, that is just incredible. He is not a credible witness.
The magistrate also noted that, despite having allegedly been threatened by defendant in the past, Larkins never called the police and that he entered the car with defendant even though he did not have a functioning cell phone with him to seek help. The prosecutor appealed the magistrate's decision in the circuit court, which treated the claim of appeal as a motion and denied it without further explanation,
2
and the Court of Appeals affirmed in a split decision.
People v. Anderson
, unpublished per curiam opinion of the Court of Appeals, issued Nov. 29, 2016 (Docket No. 327905),
II. STANDARD OF REVIEW
This Court recently described the standard of review applicable to a magistrate's determination as to whether to bind over a defendant:
In order to bind a defendant over for trial in the circuit court, the district court must find probable cause that the defendant committed a felony. This standard requires evidence of each element of the crime charged or evidence **182 from which the elements may be inferred. Absent an abuse of discretion, a reviewing court should not disturb the district court's bindover decision. An abuse of *507 discretion occurs when the trial court's decision falls outside the range of principled outcomes. [ People v. Seewald ,499 Mich. 111 , 116,879 N.W.2d 237 (2016) (quotation marks and citations omitted).]
Questions of statutory interpretation are reviewed de novo.
People v. Calloway
,
III. ANALYSIS
A. PRELIMINARY EXAMINATIONS
While "the Fourth Amendment requires a timely judicial determination of probable cause as a prerequisite to detention,"
Gerstein v. Pugh
,
MCL 766.4(6) provides that "[a]t the preliminary examination, a magistrate shall examine the complainant and the witnesses in support of the prosecution, on oath ... concerning the offense charged and in regard to any other matters connected with the charge that the magistrate considers pertinent." The rules of evidence apply (with limited exceptions) to the proceeding, MCL 766.11b(1), and a defendant may cross-examine the prosecutor's witnesses and present witnesses on his or her own behalf, MCL 766.12.
If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable cause for charging the defendant with committing a felony, the magistrate shall either discharge the defendant or reduce the charge to an offense that is not a felony. If the magistrate determines at the conclusion of the preliminary examination that a felony has been committed and that there is probable cause for charging the defendant with committing a felony, the magistrate shall forthwith bind the defendant to appear within 14 days for arraignment before the circuit court of that county, or the magistrate may conduct the circuit court arraignment as provided by court rule. [ MCL 766.13 (emphasis added).]
Thus, a magistrate is required to "determine at the conclusion of the preliminary examination" whether there is "probable cause" that the defendant has committed a crime. "Probable cause requires a quantum of evidence sufficient to cause a person of ordinary prudence and caution to conscientiously entertain a reasonable belief of the accused's guilt."
Yost
,
This Court has held that during a preliminary examination, "the magistrate ha[s] not only the right but, also, the duty to pass judgment not only on the weight and competency of the evidence, but also [on] the credibility of the witnesses."
People v. Paille #2
,
We respectfully decline the prosecutor's invitation to incorporate the
Lemmon
standard into preliminary examinations. Initially, we disagree with the prosecutor that a magistrate's "duty" to consider the credibility of witnesses' testimony is inconsistent with the proposition that a magistrate should bind over a defendant if "there is a conflict of evidence or where there is a reasonable doubt as to his guilt."
Yost
,
Nothing in MCL 766.1
et seq
. suggests that a magistrate's consideration of credibility should be limited to whether "testimony was so far impeached that it was deprived of all probative value ... or contradicted indisputable physical facts or defied physical realities ...."
Lemmon
,
None of this is to suggest that a magistrate may weigh witnesses' credibility in the same manner as a jury. While a jury must find a defendant guilty
beyond a reasonable doubt
, a magistrate must only determine that there is
probable cause
to believe that the defendant has committed a crime. "[T]he gap between probable cause and guilt beyond a reasonable doubt is broad,"
Yost
,
In sum, we decline to adopt the Lemmon standard in the context of preliminary examinations. Instead, we clarify that a magistrate's duty at a preliminary examination is to consider all the evidence presented, including the credibility of both the prosecution and defense witnesses' testimony, and to determine on that basis whether there is probable cause to believe that the defendant has committed a crime, i.e., whether the evidence presented is "sufficient to cause a person of ordinary prudence and caution to conscientiously entertain a reasonable belief in the accused's guilt." Id . (quotation marks and citation omitted). If a witness's lack of credibility, when considered together with the other evidence presented during the examination, is so **189 lacking that "a person of ordinary prudence and caution [would not] conscientiously entertain a reasonable belief of the accused's guilt," a magistrate may not bind over the defendant for trial. Id . (quotation marks and citation omitted); see also MCL 766.13.
B. APPLICATION
The magistrate in this case determined that the complainant's testimony was not credible and, absent any other evidence implicating defendant, declined to bind her over. This determination is reviewed for an abuse of discretion.
Seewald
, 499 Mich. at 116,
The magistrate here articulated several reasons in particular for finding the complainant's testimony not credible. Specifically, she noted that: (1) the complainant **190 had a gun pointed at him, yet he wanted his Christmas gifts and sat in the car negotiating for those gifts; (2) despite allegedly having been threatened by defendant in the past and not having access to a cell phone to seek help, the complainant freely entered the car with defendant; (3) the complainant never called the police to report defendant's earlier threats; and (4) the complainant's testimony was "all over the place everywhere." These reasons, considered in light of the magistrate's superior ability to observe the demeanor of the complainant while testifying, afforded the magistrate a "principled" basis for concluding that the complainant's testimony was not credible and therefore her credibility determination was not "outside the range of principled outcomes." Because there was no other evidence upon which the magistrate could find probable cause to bind over defendant, the magistrate did not abuse her discretion by dismissing the complaint.
IV. CONCLUSION
We reaffirm and clarify that a magistrate possesses a duty to consider the credibility of witnesses' testimony, in conjunction with all the other evidence presented at a preliminary examination, in determining whether there is probable cause to bind over a defendant, i.e., whether the evidence presented is "sufficient to cause a person of ordinary prudence and caution to conscientiously entertain a reasonable belief of the accused's guilt."
Yost
,
Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Kurtis T. Wilder, Elizabeth T. Clement, JJ.
Larkins testified that he did not call the police because his phone's battery was dead.
As the Court of Appeals noted, the circuit court erred by treating the prosecutor's appeal as a "motion" and "denying" the "motion" without issuing an oral or written opinion. MCR 7.103(A)(1) (providing a circuit court jurisdiction over an appeal of a final judgment of a district court); MCR 7.114(B) (requiring a circuit court to decide such an appeal "by oral or written opinion and issue an order"). However, because the prosecutor does not seek any relief for this error, the issue must be deemed abandoned.
People v. Bean
,
Yaner
,
In addition, where a magistrate declines to bind over a defendant for trial, the prosecutor may simply recharge the defendant and provide additional evidence at a subsequent preliminary examination. See MCR 6.110(F). By contrast, when a judge grants a motion for a new trial, the prosecutor must retry the defendant. Conducting two jury trials requires the expenditure of significantly more time and resources than conducting two preliminary examinations. These widely disparate consequences arguably justify providing a magistrate with greater authority to examine credibility during a preliminary examination than a judge has in entertaining a motion for a new trial.
Reference
- Full Case Name
- PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Tremel ANDERSON, Defendant-Appellee.
- Cited By
- 57 cases
- Status
- Published