People v. Lockett (2012)

“A scoring decision is not clearly erroneous if the record contains any evidence in support of the decision.” Lockett, 295 Mich App at 182 (quotation marks and citation omitted).

“If the record does not contain sufficient detail to support [a respondent’s] ineffective assistance claim, then he has effectively waived the issue.” Lockett, 295 Mich App at 186 (quotation marks and citation omitted).

“If the record does not contain sufficient detail to support [a respondent’s] ineffective assistance claim, then he has effectively waived the issue.” Lockett, 295 Mich App at 186 (quotation marks and citation omitted).

Laws § 750 .520b(1)(a)). “‘[P]enetration’ is any intrusion, however slight, into the vagina or the labia majora.” People v. Lockett, 295 Mich. App. 165, 188 (citing Mich. Comp.

To establish an ineffective assistance of counsel claim, a defendant must show that (1) counsel’s performance was below an objective standard of reasonableness under prevailing professional norms and (2) there is a reasonable probability that, but for counsel’s error, the result of the proceedings would have been different. [Lockett, 295 Mich App at 187 (citations omitted).] Although defendant contends that his trial counsel was ineffective for failing to call an important w…

To establish an ineffective assistance of counsel claim, a defendant must show that (1) counsel’s performance was below an objective standard of reasonableness under prevailing professional norms and (2) there is a reasonable probability that, but for counsel’s error, the result of the proceedings would have been different. [Lockett, 295 Mich App at 187 (citations omitted).] When reviewing a challenge to the effectiveness of trial counsel, the reviewing court “must not evalu…

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] “Decisions regarding what evidence to present and whether to call or question witnesses are presumed to be matters of trial strategy, and this Court will not substitute its judgment for that of counsel regarding matters of trial strategy.” People v Davis, 250 Mich App 357, 368 ; 649 NW2d 94 (2002). “ ‘[S]trategic choices made a…

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] “Decisions regarding what evidence to present and whether to call or question witnesses are presumed to be matters of trial strategy, and this Court will not substitute its judgment for that of counsel regarding matters of trial strategy.” People v Davis, 250 Mich App 357, 368 ; 649 NW2d 94 (2002). “ ‘[S]trategic choices made a…

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] With respect to defendant’s first argument, defendant has not cited any authority for the proposition that a mere billing dispute with trial counsel can satisfy the legal standard for demonstrating ineffective assistance of counsel, namely that defense counsel performed deficiently in a way that affected the outcome of the proc…

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] With respect to defendant’s first argument, defendant has not cited any authority for the proposition that a mere billing dispute with trial counsel can satisfy the legal standard for demonstrating ineffective assistance of counsel, namely that defense counsel performed deficiently in a way that affected the outcome of the proc…

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citation omitted).] To establish ineffective assistance of counsel in connection with a plea, the defendant must show that his plea was not voluntary or understanding.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citation omitted).] To establish ineffective assistance of counsel in connection with a plea, the defendant must show that his plea was not voluntary or understanding.

See People v. Lockett , 295 Mich. App. 165 , 183, 814 N.W.2d 295 (2012) ("The trial court may not simply assume that someone in the victim's position would have suffered psychological harm....").

Lockett, 295 Mich App at 183 (quotation marks and citation omitted).

Lockett, 295 Mich App at 183 (quotation marks and citation omitted).

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

A defendant must also show that the result that did occur was fundamentally unfair or unreliable. [Lockett, 295 Mich App at 187 (citations omitted).] The “reviewing court must not evaluate counsel’s decisions with the benefit of hindsight,” but should “ensure that counsel’s actions provided the defendant with the modicum of representation” constitutionally required.

Zero points shall be assessed if “[n]o serious psychological injury requiring professional treatment occurred to a victim’s family.” MCL 777.35(l)(b). “[T]he fact that treatment has not been sought is not conclusive,” MCL 777.35(2), but “[t]here must be some evidence of psychological injury on the record,” Lockett, 295 Mich App at 183 (discussing the assessment of points under OV 4 when “[s]erious psychological injury requiring professional treatment occurred to a victim,” i…

To establish that a defendant’s trial counsel was ineffective, a defendant must demonstrate that “(1) counsel’s performance was below an objective standard of reasonableness under prevailing professional norms and (2) there is a reasonable probability that, but for counsel’s error, the result of the proceedings would have been different.” People v Lockett, 295 Mich App 165, 187; 814 NW2d 295 (2012); see also Strickland v Washington, 466 US 668, 689-696 ; 104 S Ct 2052 ; 80 L…

See, e.g., Williams, 298 Mich App at 124 (noting that the trial court properly assigned 10 points for OV 4 based on a victim impact statement in a PSIR); Lockett, 295 Mich App at 183 (noting that the trial court erred in assessing points for OV 4 and pointing out that the PSIR did not contain any information regarding the victim’s psychological injury).

People v Lockett, 295 Mich App 165, 174, 178-179 ; 814 NW2d 295 (2012).

See People v Lockett, 295 Mich App 165, 183 ; 814 NW2d 295 (2012) (holding that it was error for the trial court to “assume that someone in the victim’s position would have suffered psychological harm” because of the nature of the offense).

See People v Lockett, 295 Mich App 165, 188 ; 814 NW2d 295 (2012).

See People v Lockett, 295 Mich App 165, 186 ; 814 NW2d 295 (2012).

See People v Lockett, 295 Mich App 165, 188 ; 814 NW2d 295 (2012).

See Lockett, 295 Mich App at 187 .

See Lockett, 295 Mich App at 187 .

See People v Lockett, 295 Mich App 165, 180-181 ; 814 NW2d 295 (2012).

See, e.g., People v Lockett, 295 Mich App 165, 188 ; 814 NW2d 295 (2012) (defining “penetration” legally as any intrusion into the vagina or the labia majora).

See Lockett, 295 Mich App at 187 .

See id.

See also People v Lockett, 295 Mich App 165, 182-183 ; 814 NW2d 295 (2012).

See also People v Lockett, 295 Mich App 165, 182-183 ; 814 NW2d 295 (2012).

See People v Lockett, 295 Mich App 165, 187 ; 814 NW2d 295 (2012).

See People v Lockett, 295 Mich App 165, 187 ; 814 NW2d 295 (2012).

See also People v Lockett, 295 Mich App 165 , 182- 183; 814 NW2d 295 (2012).

See also People v Lockett, 295 Mich App 165 , 182- 183; 814 NW2d 295 (2012).

See also Lockett, 295 Mich App at 183 .

See People v Lockett, 295 Mich App 165, 183 ; 814 NW2d 295 (2012) (concerning OV 4).

“The entire criminal transaction should be considered when scoring this variable.” MCL 777.44(2)(a); see also People v Lockett, 295 Mich App 165, 184 ; 814 NW2d 295 (2012).