Prosecutorial error; Eliciting character evidence; MRE 404(a) & (b)(1); Opening the door; Unresponsive answers from witnesses; Ineffective assistance of counsel; Failure to raise a futile objection; Sentencing; Moot arguments

The court rejected defendant-Carey’s prosecutorial error and ineffective assistance of counsel claims, and found that his sentencing arguments were moot. Thus, it affirmed his resisting or obstructing a police officer conviction and his 2 to 4-year sentence. The case arose after his neighbors called the police because he “was playing loud music and yelling. After police officers arrived,” officers attempted to arrest him on “outstanding warrants, but he resisted and” tried to run into his house. He argued on appeal “that the prosecutor committed prosecutorial error by eliciting improper character evidence from his neighbors at trial.” As to the exchange he cited between the prosecutor and witness-T, Carey failed to acknowledge that it “occurred during the prosecutor’s redirect examination of [T] and was in response to the questions defense counsel asked [T] during cross-examination.” The court concluded that, reviewing “the questions in context, the prosecutor’s questions that Carey challenges were in response to defense counsel’s questions regarding previous incidents involving Carey’s conduct at his home. . . . Because defense counsel opened the door to evidence” about prior incidents involving defendant, Carey did not establish plain error as to T’s testimony. As to the challenged testimony of witness-H, “the prosecutor did not elicit improper character evidence from [H]. Rather, [H’s] reference to other nights involving loud music, yelling, and ‘drunk absurdity’ was unresponsive to the prosecutor’s question. ‘Unresponsive answers from witnesses are generally not prosecutorial error.’” Thus, Carey again failed to show plain error. Further, defense counsel was not ineffective for failing to raise futile objections given that no error occurred. Finally, his sentencing arguments were moot because he had served his sentence and was not on parole, having been discharged in July.