Impeachment of witness with a prior disciplinary matter; MRE 403 & MRE 608(b); People v Brownridge; Unavailable witness; Former testimony; MRE 804(a)(5) & MRE 804(b)(1); People v Bean; Jury unanimity instruction; People v Chelmicki; Ineffective assistance of counsel; People v LeBlanc

The court held that the trial court did not commit reversible error in its evidentiary rulings or jury instructions and therefore, it affirmed defendant’s convictions for resisting or obstructing a police officer. The case arose after three officers approached defendant in an apartment-building parking lot. He refused repeated commands to exit his vehicle, pressed the reverse button, injured two officers when the car moved backward, fled, and then exchanged gunfire with police before being apprehended nearby. Although defendant was charged with multiple offenses, the jury convicted him only of the three resisting-or-obstructing counts. On appeal, the court held that the trial court properly excluded evidence of Officer-B’s unrelated disciplinary matter because, even if arguably relevant under MRE 608(b), the prior incident would have created a “side show” and “possible jury confusion” that “substantially outweighed the probative value of such evidence.” The court next held that Officer-R was properly deemed unavailable because the prosecutor made “‘diligent good-faith efforts’” to secure his attendance, and his preliminary-exam testimony was admissible because defense counsel had “a prior opportunity to cross-examine” him with a “similar motive” focused on the same critical events. Finally, the court held that no special unanimity instruction was required because the evidence involved “one continuous sequence of events” and “one transaction,” so there was no need for a specific instruction to prevent juror confusion. Because no such instruction was required, counsel was not ineffective for failing to request one.