Background
Detroit police officers encountered Delano Jermaine Reeder shortly after midnight on September 20, 2020. Officer Tylerscott Alleyne testified that he saw an extended magazine protruding from Reeder’s waistband and then saw Reeder remove and discard a firearm. Officer Sequoia Turner likewise saw Reeder grab a black object at his waistband, heard a metallic clunk, and saw a firearm on the sidewalk. Reeder denied possessing the weapon.
A jury convicted Reeder of felony-firearm, felon in possession of a firearm, and carrying a concealed weapon. He received two years’ imprisonment for felony-firearm and four years’ probation for each remaining conviction. After sentencing, the trial court rejected his claims involving undisclosed impeachment material about Alleyne, ineffective assistance of counsel, and the weight of the evidence.
The Court’s Holding
The Court of Appeals affirmed the convictions. It held that the undisclosed information concerning Alleyne’s disciplinary history, deposition testimony, designation as a high-risk officer, monitoring, and resignation was not favorable impeachment evidence under the Michigan Rules of Evidence. The court also concluded that the material was not material under Brady because Turner independently corroborated the central testimony about Reeder removing and discarding the firearm. It denied Reeder’s request for additional disclosure or an in-camera review.
The panel further held that the trial judge’s comments and management of testimony did not pierce the veil of judicial impartiality, and that the verdict was not against the great weight of the evidence. Trial counsel was not ineffective for declining to seek suppression because the visible magazine and partially concealed firearm supplied reasonable suspicion for an investigatory stop; counsel also was not deficient for failing to advance Reeder’s novel Second Amendment argument.
The court agreed, however, that the four-year initial probation term exceeded Michigan’s three-year statutory maximum. It remanded for an amended probation order reducing the term to three years while affirming in all other respects.
Key Takeaways
- Undisclosed personnel or misconduct information does not establish a Brady violation unless it is favorable to the defense and material to the outcome.
- Observing evidence of a concealed firearm at a person’s waistband can provide reasonable suspicion for a Terry stop under Michigan law.
- An initial felony-probation term generally may not exceed three years under MCL 771.2(1), absent an applicable exception.
Why It Matters
The decision illustrates the limits of Brady claims based on police disciplinary and employment records: defendants must connect the undisclosed information to admissible impeachment and show a reasonable probability of a different result. Corroborating testimony from another officer may defeat materiality even when the principal officer’s credibility is challenged.
The opinion also applies Michigan precedent allowing officers to investigate apparent concealed-firearm possession despite lawful public carry protections, while leaving the broader Second Amendment question unresolved because counsel was not ineffective for omitting a novel argument.