Opinion
368332
10-11-2024
PEOPLE OF MICHIGAN v. CHASE ADAM BAXTER
LC No. 2021-003048-FC
Michael J. Riordan Presiding Judge Noah P. Hood Randy J. Wallace Judges
ORDER
The motion to compel is GRANTED. Within 7 days of the Clerk's certification of this order, the Calhoun County Prosecutor shall provide defendant-appellant's counsel with a copy of the PowerPoint presentation that was shown to the jury during the prosecution's closing argument. This order does not require the prosecution to provide any notes and/or work product that may have been used in the creation of the PowerPoint presentation, or are contained in the PowerPoint file, if those notes and/or work product were not disclosed to the jury as part of the presentation.
Riordan, P.J., would deny the motion to compel. The requested PowerPoint was not admitted at trial as an exhibit and is not evidence. Further, the prosecution's argument in this matter and references to the PowerPoint used during that closing were transcribed and are available to the defendant. Additionally, the trial court instructed the jury that the lawyers' statements and arguments are not evidence and that the jury was bound to follow the law as instructed by the trial court. Further, it is presumed that jurors follow instructions as presented by the court. See People v Mahone, 294 Mich.App. 208, 212; 816 N.W.2d 436 (2011).