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No. 118181
| People of the State of Michigan, |
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Timothy A. Baughman (313) 224-5792
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Plaintiff-Appellee,
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| vs (Appeal from Ct of Appeals) |
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| (Recorder's Ct -- S. Cox) |
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Douglas W. Baker (313) 256-9833
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| Marcel R. Riddle, |
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Defendant-Appellant.
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Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Background
Defendant Marcel Riddle and two friends, Robin Carter and James Billingsley,
were socializing on the evening of August 15, 1997. Riddle was grilling
fish just inside the detached garage next to his home. According to
Riddle, he tried to break up an argument between Carter and Billingsley,
only to be threatened by Carter with what Riddle thought was a gun.
Riddle, who was standing inside the door of his garage, grabbed his
rifle, which he kept in the garage, and shot at the ground in front
of Carter, allegedly intending to frighten Carter. Billingsley gave
a different version of events, testifying that Riddle went into his
house and returned with the rifle after a verbal exchange with Carter.
Carter sustained a total of eleven gunshot wounds to his legs, and died
from those wounds. The Wayne County Prosecutor charged Riddle with first-degree
murder and felony-firearm. At trial, Wayne County Circuit Judge Sean
Cox instructed the jury that defendant had a duty to retreat from Carter
if he could safely do so. The jury convicted defendant of the lesser
offense of second-degree murder, plus felony-firearm. Riddle was sentenced
to 15 to 30 years for second-degree murder, and a consecutive two-year
term for felony-firearm. The Court of Appeals affirmed the conviction
in an unpublished decision. Riddle appeals. He argues that the trial
judge should have instructed the jury that Riddle had no duty to retreat
from Carter because Riddle was in the "curtilage," or area surrounding
his home. Riddle's argument rests on a line of Michigan Supreme Court
decisions from the 1800s. The prosecution argues that the "no duty to
retreat" doctrine applies only when the person being attacked is in
his or her own home, not in the area outside the home.
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