Sufficiency of the evidence to show self-defense; MCL 780.972(1); People v Ogilvie; AWIM & felony-firearm; Coerced jury verdict claim; People v Vettese; Ineffective assistance of counsel for failure to object

The court held that the evidence permitted the jury to reject self-defense, that the readback/adjournment instruction was not coercive, and that counsel was not ineffective. Defendant shot the victim (T) six times outside his home after a late-night confrontation involving his estranged wife and girlfriend. T arrived armed but said she moved her gun into a fanny pack for security. She and the wife began to leave when defendant fired. He was convicted of AWIGBH and felony-firearm. On appeal, the court first rejected his argument that the prosecution failed to disprove self-defense, finding that T and the wife testified T never pointed a gun at him and that wound locations (under her left arm and in her back) matched her account. “Viewing this evidence in the light most favorable to the jury verdict, there is sufficient evidence to disprove self-defense.” The court also rejected his claim that the trial judge coerced a verdict by telling jurors it could only play back two witnesses’ testimony the next day and that deliberations would adjourn at 12:30 p.m. The instruction mirrored Vettese because “the court did not deny [defendant] a fair trial because it did not require that the jury had to reach a verdict by 12:30 p.m.” Finally, the court rejected his contention that counsel was ineffective for not objecting to that statement since any objection would have been futile. Affirmed.