Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DEMETRIUS LAMONT MCMURTRY, Defendant-Appellant.

UNPUBLISHED February 1, 2005

No. 249441 Kent Circuit Court LC No. 02-011387-FH

Before: Meter, P.J., and Wilder and Schuette, JJ. PER CURIAM. Defendant appeals as of right his conviction of larceny from a person, MCL 750.357, entered after a jury trial. We affirm. Complainant and a witness identified defendant as the person who took complainant's wallet from her hand. On cross-examination a detective testified that defendant was arrested sixteen days following the incident. On redirect examination the prosecutor inquired if defendant had a known address at the time of the incident. The detective replied that he believed that defendant lived "on the street" at that time. Defendant denied taking complainant's wallet. He maintained that he was self-employed, and that he lived with his mother. Defendant argues that the prosecutor engaged in misconduct and denied him a fair trial by eliciting testimony that the detective believed he was homeless at the time the incident occurred and by suggesting that his economic status motivated him to commit the offense. The test of prosecutorial misconduct is whether the defendant was denied a fair and impartial trial. People v Watson, 245 Mich App 572, 586; 629 NW2d 411 (2001). The reviewing court must examine the pertinent portion of the record, and evaluate a prosecutor's remarks in context. People v Noble, 238 Mich App 647, 660; 608 NW2d 123 (1999). Prosecutorial comments must be read as a whole and evaluated in light of defense arguments and the evidence admitted at trial. People v Schutte, 240 Mich App 713, 721; 613 NW2d 370 (2000). We review a claim of prosecutorial misconduct de novo. People v Pfaffle, 246 Mich App 282, 288; 632 NW2d 162 (2001). To establish ineffective assistance of counsel, a defendant must show that counsel's performance fell below an objective standard of reasonableness under prevailing professional norms. Counsel must have made errors so serious that he was not performing as the "counsel" -1-


guaranteed by the federal and state constitutions. US Const, Am VI; Const 1963, art 1,

Download PEOPLE OF MI V DEMETRIUS LAMONT MCMURTRY.pdf

Michigan Law