PEOPLE OF MI V CURTIS LAVELL KELLY
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 24, 2004
Plaintiff-Appellee,
v
No. 246228
Wayne Circuit Court
LC No. 02-005841
CURTIS LAVELL KELLY,
Defendant-Appellant.
Before: Schuette, P.J., and Bandstra and Cooper, JJ.
COOPER, J. (concurring).
Although I concur in the majority decision to affirm defendant’s convictions, I find it
necessary to comment upon the improper conduct on the part of the prosecutor. The prosecutor
spent an inordinate amount of time talking about the possible content of defense counsel’s
closing argument. The prosecutor’s comments were excessive and troublesome in light of the
fact that they were made in the initial closing argument, rather than in rebuttal to the closing
argument of defense counsel. The trial court obviously found these comments excessive, as it
sustained defendant’s contemporaneous objections.
The prosecutor also misstated the law regarding self-defense, and continued to misstate
the law following a sustained objection. In rebuttal, the prosecutor argued facts not in evidence,
referred to the defense theory as a red herring, and alleged that defense counsel failed to explain
away damaging evidence. The prosecutor’s continuous improper remarks and arguments
showed a lack of concern for proper trial decorum.
If it were not for the strong evidence against defendant, I would vote to reverse.
However, in light of the standard outlined in People v Cornell,1 I am compelled to vote to affirm.
/s/ Jessica R. Cooper
1
People v Cornell, 466 Mich 335, 361-366; 646 NW2d 127 (2002).
-1-
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.
