By By JOHN EBY / Dowagiac Daily News
The Michigan Court of Appeals March 1 affirmed David Dewayne Coulson's jury conviction for possession of a dangerous weapon (brass knuckles), for which he was sentenced to prison as an habitual offender, third offense, for 30 months to 10 years.
Judges Karen M. Fort Hood, Richard Allen Griffin and Pat M. Donofrio disagreed with Coulson's contention that Cass County Circuit Court erred in denying his motion to suppress the weapon taken from his home during a warrantless search.
While the Constitution's Fourth Amendment and its counterpart in the state constitution guarantee the right of persons to be secure against unreasonable searches and seizures, one exception is parolees and their property if there is reasonable cause to believe a parole violation exists.
The defendant contended the prosecutor intimidated his father to prevent him from testifying on his behalf, depriving him of due process and a fair trial.
But he did not object previously to preserve this issue for appeal.
The judges said Coulson apparently sought to call his father to testify that he owned the metallic knuckles found in his possession.
Coulson also contended he is entitled to a new trial due to ineffective assistance from his counsel.
Because the defendant failed to raise that claim in a motion for a new trial or evidentiary hearing, the court's review was limited to the existing record. "Because defendant has not shown any error in the admission of the evidence, he has not shown that counsel was ineffective for failing to object to its admission," the appellate judges concluded.