Evidence, Concealed Pistol License in Felony Firearm Prosecution, Right to Present a Defense

People v Powell, 303 Mich App 271; 842 NW2d 538 (2013)(nov’13). Defendant was convicted of felony firearm (MCL 750.227b) in relation to an underlying possession with intent to deliver marijuana charge. The trial court granted a new trial because it abused its discretion in denying admission of evidence that Defendant had a Concealed Pistol License (CPL). The court of appeals agreed with this decision, reasoning that the fact Defendant had a valid CPL license was relevant as it shed light on a material point (a material fact does not need to be an element of a crime). A relevant fact in this case was whether defendant was using the handgun he possessed in a legal manner and the license was relevant on that score. Failure to allow introduction of this evidence denied Defendant’s right to present a defense. The trial court properly granted a new trial under MCR 2.116(A)(1)(a) and would have been warranted in granting a new trial under MCR 6.431(B) as well.