People v. Laws

• Decision Date: 23 August 1996
• Docket Number: Docket No. 189103
• Citation: 218 Mich.App. 447,554 N.W.2d 586
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Louis Edward LAWS, Jr., Defendant-Appellee.
• Court: Court of Appeal of Michigan — District of US

Page 586

554 N.W.2d 586

218 Mich.App. 447

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Louis Edward LAWS, Jr., Defendant-Appellee.

Docket No. 189103.

Court of Appeals of Michigan.

Submitted April 2, 1996, at Lansing.

Decided Aug. 23, 1996, at 9:40 a.m.

Released for Publication Oct. 15, 1996.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Marilyn J. Day, Assistant Prosecuting Attorney, for the people.

Before O'CONNELL, P.J., and HOOD and C.L. HORN, ^* JJ.

O'CONNELL, Presiding Judge.

Defendant served as a confidential informant in a prolonged drug-trafficking investigation conducted by the Pontiac Police Department. In January 1995, Pontiac police officers claim to have seized a firearm from defendant. Although defendant apparently was a felon prohibited from possessing a firearm, no criminal charges were immediately filed.

In June 1995, defendant disclosed to officers that he was engaged in selling illegal drugs. The Pontiac police immediately ceased using defendant as an informant. Shortly thereafter, the Pontiac police executed a search warrant to search defendant's house for drugs. None were found. Defendant later suggested that he had not been selling drugs, but had only fabricated the story to avoid participating in the "bust" of one of his relatives.

In July 1995, the Oakland County Prosecutor's Office authorized a complaint and arrest warrant charging defendant with the felonies of carrying a concealed weapon, M.C.L. § 750.227; M.S.A. § 28.424, and being a felon in possession of a weapon. M.C.L. § 750.224f; M.S.A. § 28.421(6). The charges arose out of defendant's alleged possession of the firearm the previous January.

Defendant was arraigned in the district court. Before his preliminary examination, defendant moved to discover the police reports generated while he was acting as an informant. These reports did not pertain to any investigation of defendant, but concerned investigations in which defendant had participated as an informant. The district court ordered the prosecution to produce the reports for an in camera review, after which the court would determine if any of the reports were discoverable. The prosecution filed an emergency application for leave to appeal in the circuit court. The circuit court issued a protective order pending a full hearing.

Approximately a month later, a full hearing was held in the circuit court. Defendant argued, first, that the charges constituted vindictive prosecutions and were marred by an unreasonable prearrest delay. He also contended that the crimes had never occurred, that he had never been in possession of a firearm. Defendant submitted that an in camera review of the contemporaneously generated police reports would substantiate his claims. The prosecution claimed, inter alia, that the police reports pertained to ongoing drug investigations and that revealing this information, even if only to the district court itself, would jeopardize the investigations and place officers' lives in danger. The prosecution also contended that the records were not relevant to defendant's prosecution or defense.

The circuit court ruled that the police reports potentially contained information necessary for defendant's defense and that the district court was in a better position to evaluate the police reports to determine their relevance. Accordingly, the circuit court dissolved its protective order and affirmed the original order of the district court. The prosecution now appeals by leave granted the order of the circuit court affirming the order of the district court requiring it to deliver police reports to the district court for an in camera inspection. We affirm.

I

At issue on appeal is whether the district court has the authority to order the in camera review of the police reports to determine whether any are discoverable. ¹ The prosecution presents a two-tiered argument. First, the prosecution submits that the district court was without jurisdiction to order the in camera review of the police reports in light of the particular allegations made by defendant. Second, the prosecution argues that even if the court did have jurisdiction, it abused its discretion in ordering the review under the facts of the present case.

To reiterate the first contention, the prosecution argues that the district court lacked jurisdiction to order the in camera review of the police reports in light of the particular allegations made by defendant. Whether a court has subject-matter jurisdiction is a question of law. Dlaikan v. Roodbeen, 206 Mich.App. 591, 592, 522 N.W.2d 719 (1994). We review questions of law de novo. People v. Connor, 209 Mich.App. 419, 423, 531 N.W.2d 734 (1995).

The jurisdiction of the district court in criminal cases is set forth in M.C.L. § 600.8311; M.S.A. § 27A.8311, which provides as follows:

The district court shall have jurisdiction of:

(a) Misdemeanors punishable by a fine or imprisonment not exceeding 1 year, or both.

(b) Ordinance and charter violations punishable by a fine or imprisonment, or both.

(c) Arraignments, the fixing of bail and the accepting of bonds.

(d) Preliminary examinations in all felony cases and misdemeanor cases not cognizable by the district court, but there shall not be a preliminary examination for any misdemeanor to be tried in a district court. [Emphasis supplied.]

The district court may order discovery in carrying out its duty to conduct preliminary examinations. Discovery may be ordered before the preliminary examination. In re Bay Prosecutor, 109 Mich.App. 476, 311 N.W.2d 399 (1981). As set forth in People v. Moore, 180 Mich.App. 301, 309, 446 N.W.2d 834 (1989), "[t]he purpose of a preliminary examination is to determine whether a crime has been committed and if there [is] probable cause to believe that the defendant committed it. M.C.L. § 766.13; M.S.A. § 28.931; People v. King, 412 Mich. 145, 312 N.W.2d 629 (1981)." See also MCR 6.110(E). Significantly, when conducting a preliminary examination, "[a]n examining magistrate may weigh the credibility of witnesses." Moore, supra, p. 309, 446 N.W.2d 834. However, the role of the magistrate is not that of ultimate finder of fact; where the evidence conflicts and raises a reasonable doubt regarding the defendant's guilt, the issue is one for the jury, and the defendant should be bound over. Id.

Discovery should be granted where the information sought is necessary to a fair trial and a proper preparation of a defense. People v. Graham, 173 Mich.App. 473, 477, 434 N.W.2d 165 (1988). Even inadmissible evidence is discoverable if it will aid the defendant in trial preparation. People v. Byrne, 199 Mich.App. 674, 677, 502 N.W.2d 386 (1993). Defendants have a due process right to obtain evidence in the possession of the prosecutor if it is favorable to the accused and material to guilt or innocence. People v. Stanaway, 446 Mich. 643, 666, 521 N.W.2d 557 (1994). An in camera review is often utilized to determine whether evidence sought is discoverable. Id., p. 680, 521 N.W.2d 557.

Here, defendant sought the discovery of police reports to support his contentions that, first, the filing of the criminal charges constituted prosecutorial vindictiveness, second, the charges were marred by unreasonable prearrest delay, and, third, he had not committed the crimes charged.

With respect to defendant's first two contentions, both are allegations of due process violations. People v. Goeddeke, 174 Mich.App. 534, 536, 436 N.W.2d 407 (1988); People v. Ervin, 163 Mich.App. 518, 519-520, 415 N.W.2d 10 (1987). This Court has previously stated, in dicta, that the question of violation of due process is to be determined by the circuit court. People v. Hernandez, 15 Mich.App. 141, 147, 170 N.W.2d 851 (1968). During the course of a preliminary examination, the district court generally defers to the circuit court with regard to these matters. However, there exists no court rule or statute that prohibits the district court from conducting a due process hearing before or during the preliminary examination, or before the defendant is bound over for trial. Certain due process hearings, such as Miranda, ² Tucker, ³ and Walker ⁴ hearings, are at times necessary to a proper preliminary examination. We conclude that the district court may rule on such allegations of due process violations where the facts warrant. To the extent that this conflicts with Hernandez, we decline to follow that decision. See Supreme Court Administrative Order No. 1996-4.

Defendant's third contention, that he did not commit the crimes charged, clearly implicates the proper jurisdiction of the district court, as well. The district court has jurisdiction to determine "whether a crime has been committed." King, supra, p. 152, 312 N.W.2d 629. Indeed, this is the very purpose of a preliminary examination. Here, the district court expressly stated that it would review the requested police reports in camera as an aid in assessing the credibility of the officers who would be testifying at the preliminary examination. While it is unlikely that information contained in the police reports would be sufficient to undermine completely the credibility of the officers, the reports were a legitimate aid in effecting the purpose of the district court when holding a preliminary examination. Therefore, because the district court may assess the credibility of witnesses, Moore, supra, when determining whether a crime has been committed and whether there is probable cause to believe that the defendant committed it, King, supra, we hold that the district court had jurisdiction to order the in camera review of the requested documents. Stanaway, supra, p. 680, 521 N.W.2d 557.

In sum, because the district court possesses the...