e-Journal Summary

e-Journal Number : 76933
Opinion Date : 02/01/2022
e-Journal Date : 02/16/2022
Court : Michigan Court of Appeals
Case Name : People v. Hull
Practice Area(s) : Criminal Law
Judge(s) : Per Curiam – Cavanagh and Gadola; Concurrence - Shapiro
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Issues:

Sufficiency of the evidence; Resisting & obstructing a police officer; Ineffective assistance of counsel; Failure to request a jury instruction as to the right to resist an unlawful arrest; Admission of allegedly irrelevant evidence; Questioning by the prosecutor

Summary

The court held that there was sufficient evidence to convict both defendants of resisting and obstructing a police officer. Also, defendant-Brandi Hull was not denied the effective assistance of counsel by defense counsel’s failure to request a jury instruction as to the right to resist an unlawful arrest. Finally, defendant-Anthony Hull was not entitled to a new trial based on his claims the trial court abused its discretion. The case arose from the execution of an arrest warrant for Brandi. The court found that the evidence was sufficient for the jury to conclude that she engaged in conduct that hindered or obstructed Chief P from executing the arrest warrant and resisted P during his execution of the arrest warrant. Although she claimed that “she was not resisting or arguing with the police officers, but merely asking why she was being taken to jail, the police officers’ testimony established otherwise.” The court concluded it was apparent from the verdict that the jury believed she knowingly defied P’s “lawful execution of a valid arrest warrant by resisting and obstructing the arrest.” As to Anthony (Brandi’s husband), the evidence was sufficient that “he engaged in conduct that hindered or obstructed [P] in executing the arrest warrant.” Although he claimed he was merely defending Brandi from P’s “unlawful arrest, no such right was available during a lawful arrest.” The court found it was apparent from the verdict that the jury believed he “knowingly obstructed [P’s] lawful execution of a valid arrest warrant.” In addition, it rejected his claims that “the trial court abused its discretion by admitting irrelevant evidence, permitting the prosecutor to ask police officers for legal conclusions while precluding certain questions by his trial counsel, and permitting the prosecutor to pose argumentative questions.” Affirmed.

Full PDF Opinion