PEOPLE OF MI V SAMUEL D HART
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 12, 1998
Plaintiff-Appellee,
v
No. 201648
Recorder’s Court
LC No. 96-001468
SAMUEL D. HART,
Defendant-Appellant.
Before: Wahls, P. J., and Jansen and Gage, JJ.
MEMORANDUM.
A Recorder’s Court jury convicted defendant of assault with intent to murder, MCL 750.83;
MSA 28.278, and felony-firearm, MCL 750.227b; MSA 28.424(2). He was sentenced thereafter to
ten to twenty years’ imprisonment and to two years’ imprisonment, respectively. Defendant appeals as
of right. We affirm.
The prosecutor properly questioned defendant about his post-arrest, post-Miranda1 failure to
inform his police interrogator of circumstances supporting defendant’s self-defense claim where
defendant waived his right to silence, spoke with the interrogator and failed to affirmatively assert his
right to silence during the questioning. People v McReavy, 436 Mich 197, 211-212; 462 NW2d 1
(1990); People v Schollaert, 194 Mich App 158, 163; 464 NW2d 276 (1992); People v Davis, 191
Mich App 29, 35-36; 477 NW2d 438 (1991); People v Alexander, 188 Mich App 96, 103; 469
NW2d 10 (1991).
Defendant has failed to establish that defense counsel performed in a constitutionally-deficient
manner where counsel did object to the prosecutor’s line of cross-examination and was overruled by
the judge and where the cross-examination was proper. People v Mitchell, 454 Mich 145, 156; 560
NW2d 600 (1997); McReavy, 436 Mich 211-212; People v Messenger, 221 Mich App 171, 181;
561 NW2d 463 (1997); Schollaert, 194 Mich App 163; Alexander, 188 Mich App 103.
-1
Affirmed.
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage
1
Miranda v Arizona, 384 US 436; 86 S Ct 1602; 16 L Ed 2d 694 (1966).
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
