People v Donald Lee Kissner

TAMPERING WITH EVIDENCE -- Sufficiency of Evidence
OBSTRUCTION OF JUSTICE -- Sufficiency of Evidence
COUNSEL -- Right to -- On Appeal
 
People v Donald Lee Kissner
___ Mich App ___ (#296766, 05-12-11)
PC: Donofrio, Borrello, Beckering
RONALD AMBROSE
 
Affirmed convictions of tampering with evidence and attempted obstruction of justice.
 
The evidence of tampering with evidence was sufficient.  Defendant acknowledged that he lied in his affidavit in support of his motion for relief from judgment.  Filing the motion and affidavit with the court constitutes an "official proceeding" pursuant to the statute.  The term "official proceeding" encompasses the entirety of a lawsuit, from its commencement to its conclusion, and it is not restricted to a judicial session in which both parties are present in a courtroom.  A proceeding constitutes an “official proceeding” when it is officially considered by a judicial official authorized to hear evidence under oath. 

The prosecution presented sufficient evidence of attempted obstruction of justice.  By filing the affidavit and motion requesting that the court grant him a new trial in light of the false information in those documents, defendant performed an act leading to interference with the orderly administration of justice.
 
Defendant was not denied his right to due process by the trial court’s failure to appoint counsel for him after he filed his motion for relief from judgment.  There was no constitutional right to counsel at the state post-conviction proceeding, and although the judge violated the court rule in refusing to grant counsel for the hearing on the 6.500 motion, the court struck all references to the witness’s testimony at the hearing, thereby rectifying any potential error.