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People v. Wells, Docket No. 30547 (Mich. Ct. App. Apr. 17, 1978)

Factual and Procedural Background

Defendant was tried by jury and convicted of criminal sexual conduct in the second degree (MCLA 750.520c; MSA 28.788(3)) and was subsequently sentenced to a prison term of not less than 3 nor more than 15 years. Defendant appeals as of right. At trial defendant interposed a consent defense. The trial testimony showed a marked disparity between defendant's testimony and the complainant's testimony, making credibility the pivotal issue for the jury.

During direct examination the prosecutor asked the complainant about church attendance and whether, by virtue of that attendance, she knew what it was to take an oath and respected that oath. The complainant answered affirmatively to attending "Christ The Good Shepherd," knowing what it is to take an oath, and respecting the oath. The majority found these questions constituted an unauthorized inquiry into the complainant's religious beliefs and an attempt to bolster her credibility, which the court held to be prejudicial error requiring reversal. The court therefore reversed and remanded; appellant's sentencing-related issue was deemed moot.

This opinion also includes a dissent by Judge M.J. Kelly, who recited additional factual details (defendant apprehended early morning after allegedly abducting complainant at rifle point at Metropolitan Airport; defendant's account of intoxication, an earlier argument, and the rifle being intended for rabbit hunting) and disagreed with the majority's conclusion, arguing the testimony of the complainant was credible and that reversal on this ground was inappropriate.

Legal Issues Presented

  1. Whether the prosecutor's direct-examination questions to the complainant about church attendance and respect for an oath constituted an improper inquiry into religious beliefs in violation of MCLA 600.1436; MSA 27A.1436 and controlling precedent (People v Hall; People v Bouchee; People v Poteat).
  2. Whether such questioning, when it goes to bolstering a witness's credibility, constitutes reversible error even though defense counsel did not object at trial.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
People v Hall, 391 Mich. 175; 215 N.W.2d 166 (1974) Prohibition against questioning a witness about religious beliefs or otherwise using religion-related questioning to bolster credibility. The court held the prosecutor's questions were sufficiently similar to the conduct condemned in People v Hall and relied on Hall to conclude the questioning was unauthorized and prejudicial; the error was reversible despite lack of objection.
People v Bouchee, 400 Mich. 253; 253 N.W.2d 626 (1977) Reaffirmation of the prohibition on using religiously based inquiry to influence jury perception of witness credibility. The court treated the prosecutor's questioning as the type of influence condemned in Bouchee and relied on it to characterize the conduct as unwarranted and prejudicial.
People v Poteat, 74 Mich. App. 598; 255 N.W.2d 1 (1977) Application of the rule against eliciting testimony concerning a witness's opinions on religion or using religion to bolster veracity. The court found the questioning in this case to be sufficiently similar to the conduct disapproved in Poteat, and cited it to support reversal as prejudicial error.

Court's Reasoning and Analysis

The court reasoned as follows:

  • Credibility was the central issue at trial because of the stark disparity between the defendant's testimony and the complainant's testimony; the jury's verdict depended heavily on which witness the jury believed.
  • On direct examination the prosecutor asked the complainant whether she attended church, the name of the church, whether she knew what it was to take an oath, and whether she respected that oath. The complainant answered affirmatively to each question.
  • The majority viewed these questions as an unauthorized inquiry into the complainant's religious beliefs and as an attempt by the prosecutor to bolster the complainant's credibility because they implicitly conveyed that the complainant's church attendance made her more worthy of belief.
  • The court relied on MCLA 600.1436; MSA 27A.1436 ("No witness may be questioned in relation to his opinions on religion, either before or after he is sworn.") and the cited precedents (People v Hall, People v Bouchee, People v Poteat) to conclude such questions are prohibited and constitute the sort of influence condemned by those authorities.
  • Because credibility was decisive in this case, the court found the questioning to be unwarranted, prejudicial, and constituting reversible error. The court further held that the defendant's failure to object at trial did not cure the error, citing People v Hall.
  • As the majority's determination on this ground was dispositive, it did not reach defendant's additional sentencing-related claim, which it characterized as moot pending reversal.
  • The opinion also includes a dissenting analysis: Judge M.J. Kelly argued the record showed the complainant's testimony was believable and the defendant's testimony was incredible, and that reversal for the unobjected-to religious-reference questions extended the holdings in Hall and subsequent cases too far. The dissent would have affirmed and urged reconsideration by the Supreme Court of the rule permitting reversal for unobjected-to religious-reference questioning except where a miscarriage of justice is shown (citing MCLA 769.26; MSA 28.1096).

Holding and Implications

REVERSED AND REMANDED.

Implications:

  • Direct effect: The conviction was reversed and the case remanded for further proceedings consistent with the court's opinion (the majority's view indicates a new trial is required because the prosecutorial questioning was prejudicial and affected the credibility determination).
  • Broader implications: The court applied existing precedent (noted above) and an applicable statute (MCLA 600.1436; MSA 27A.1436) to disallow religion-related questioning intended to bolster credibility. The opinion does not purport to announce a new rule of law beyond application of those authorities.

Judges: D.E. Holbrook, Jr., J. (majority opinion); Beasley, P.J., concurred; M.J. Kelly, J., dissented.

PEOPLE v. WELLS

D.E. HOLBROOK, JR., J.

Defendant was tried by jury and convicted of criminal sexual conduct in the second degree, MCLA 750.520c; MSA 28.788(3). Subsequently sentenced to a prison term of not less than 3 nor more than 15 years, defendant appeals as of right.

Upon trial defendant interposed a consent defense. Review of the trial testimony indicates that there existed a vast disparity between the testimony of the defendant and that of the complainant. It is readily apparent that the verdict of the jury hinged greatly upon whose testimony to believe thereby relegating the crucial issue to that of credibility.

During direct examination of the complainant the prosecutor asked and the complainant answered as follows:

"Q Do you go to church, by the way?

"A Yes.

"Q What church?

"A Christ The Good Shepherd.

"Q Would it be fair to say, then, that you know what it is to take an oath?

"A Yes.

"Q Do you respect that oath?

"A Yes."

By virtue of such testimony, in response to prosecutorial questioning, the complainant in effect testified that because she attended the "Christ The Good Shepherd" church she knew what it was to take an oath and that her testimony was worthy of belief because she respected that oath. Such questioning by the prosecutor, in our opinion, constitutes an unauthorized inquiry into complainant's religious beliefs, which, while not identical, is sufficiently similar to that prohibited in People v Hall, 391 Mich. 175; 215 N.W.2d 166 (1974), People v Bouchee, 400 Mich. 253; 253 N.W.2d 626 (1977), and People v Poteat, 74 Mich. App. 598; 255 N.W.2d 1 (1977). Such questions are also in direct violation of MCLA 600.1436; MSA 27A.1436, the pertinent portion of which reads: "No witness may be questioned in relation to his opinions on religion, either before or after he is sworn." We cannot help but find that the prosecutor, in asking the questions that he did, was attempting to unfairly bolster complainant's credibility. We believe such conduct to be totally unwarranted and of the type of influence condemned in Hall, supra, Bouchee, supra, and Poteat, supra.

In essence it appears the prosecutor was attempting to convey to the jury that complainant was more worthy of belief than defendant because she attended church, knew what it was to take an oath and respected that oath because of her church attendance. Hence, implicit in the questions and answers was a conveyance to the jury that complainant had certain religious beliefs and because of such beliefs she knew what it was to tell the truth.

In a case such as this, when the crucial issue is that of credibility, such questions by a prosecutor put to a complaining witness are unwarranted, prejudicial and constitute reversible error. Nor does defendant's failure to object to such questions save the error. People v Hall, supra.

Resolution of the foregoing being dispositive, appellant's issue relating to a remand for resentencing becomes moot and resolution of his remaining allegation of error unnecessary.

Reversed and remanded.

BEASLEY, P.J., concurred.

M.J. KELLY, J. (dissenting).

This defendant was apprehended a little after four o'clock in the morning when he got stuck in the snow after abducting the complainant at rifle point at Metropolitan Airport. The police officers happened on the scene, the complainant jumped out of the car and the arrest of the defendant followed.

Defendant testified on his own behalf that he had had an argument with his fiancee earlier in the evening, began drinking beer and whiskey and by the time he encountered the complainant he considered himself intoxicated although he only wanted to talk to the complainant and see if something of a sexual nature might develop. He explained that the rifle was in the car for the purpose of rabbit hunting and that he only knocked on the window with the rifle to get the complainant's attention, not to intimidate her. A reading of this record leaves no doubt that defendant's testimony was fully incredible and that the complainant's testimony was completely believable. To reverse this verdict and judgment on the ground that the witness was examined "in relation to [her] opinions on religion" in violation of the statute, MCLA 600.1436; MSA 27A.1436, is carrying the holding in People v Hall, 391 Mich. 175; 215 N.W.2d 166 (1974), and People v Bouchee, 400 Mich. 253; 253 N.W.2d 626 (1977), to outright absurdity. It is time that the Supreme Court reviewed the havoc that People v Hall and its progeny has wrought and reinvigorated the rule that reversal on unobjected-to error is appropriate only where "it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice". MCLA 769.26; MSA 28.1096.

Were this the court of last resort one would be tempted to reexamine the historical basis for the constitutional provision in question, Const 1963, art 1, § 18, and the legislative intent of the statute hereinabove referred to. Certainly the question of incompetency is obsolete beyond a doubt and the correlation to veracity in today's profane (secular) America is dubious.

This trial was concluded on April 1, 1976. People v Hall, supra, was released shortly after its decisional date of February 27, 1974. What more comfortable feeling for a knowledgeable defense attorney than to allow a two or three line religious reference to put in the bank for later appellate review in case of conviction? The ebb and flow of a trial must not be measured by the existence of irregularities. There is no such thing as a perfect trial. The question is whether or not the defendant had a fair trial under all the circumstances, and I believe that he did here. I find no manifest injustice. I do not mean to be facetious but supposing the prosecutor had asked the witness where she attended high school and her reply was "Christ the Good Shepherd".

I would affirm.

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PEOPLE v. WELLS
(Apr 17, 1978)