Michigan v. Wilder

This case presented an issue of how and when it is appropriate to impeach by contradiction using other-acts evidence. During defendant’s trial on charges of carrying a concealed weapon, being a felon in possession of a firearm (felon-in-possession), and possessing a firearm during the commission of a felony (felony-firearm), he called his wife, Tameachi Wilder, as a witness. On direct examination, the witness testified that she did not see defendant with a gun when he left the house on the date in question, that to her knowledge he did not own a gun, and that she did not have any weapons in the house. She was not asked about and did not offer any other information about defendant’s history with guns. On cross-examination, the prosecutor did not question the witness about defendant’s possession and ownership of weapons on the day of the crime but instead asked three times whether the witness knew of defendant to carry guns. The witness responded “no” to each question. Over defendant’s objection, the trial court - which mischaracterized both the evidence on direct examination and the witness (referring to her as a character witness rather than a fact witness) - then permitted the prosecutor to question the witness about defendant’s prior weapons convictions. At the conclusion of trial, the jury found defendant guilty of both felon-in-possession and felony-firearm, but acquitted him of carrying a concealed weapon. The Court of Appeals affirmed defendant’s convictions, concluding, among other things, that the trial court had not erred by allowing the prosecutor’s questions. After defendant sought leave to appeal with the Michigan Supreme Court, the Supreme Court ordered oral argument on the application, directing the parties to address, among other things, whether the prosecutor’s cross-examination of the witness was proper. The Court concluded the prosecutor’s tactics and questions violated several basic tenets of Michigan's rules of evidence, thus, the Court reversed that part of the Court of Appeals’ judgment holding that the cross-examination of defense witness Tameachi Wilder concerning whether she knew of defendant to carry guns and her knowledge of defendant’s prior weapons convictions was not error. The Court remanded this case to the Court of Appeals to consider whether the error was harmless. View "Michigan v. Wilder" on Justia Law