second prong test in Michigan

2019Thus, the second prong of the analysis in Strickland, 466 US at 694 , also fails.

2019Additionally, defense counsel’s decisions with respect to the scope of 5 The second prong of the analysis in Strickland, 466 US at 694 , also would not be fulfilled for this issue, because the relevance of the evidence was the content of the text messages, not the location from where they were sent.

2023“In attempting to persuade a reviewing court that counsel was ineffective, a defendant must also . . . establish ‘a reasonable probability that, but for counsel’s unprofessional errors, the result would have been different.’ ” Id. at 6 (citation omitted). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” People v Randolph, 502 Mich 1, 9 ; 917 NW2d 249 (2018), quoting Strickland, 466 US at 694 . “[A]n attorney’s decisions relating to the selection of jurors generally involve matters of trial strategy . . . .” Johnson, 245 Mich App at 259 .

2023“In attempting to persuade a reviewing court that counsel was ineffective, a defendant must also . . . establish ‘a reasonable probability that, but for counsel’s unprofessional errors, the result would have been different.’ ” Id. at 6 (citation omitted). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” People v Randolph, 502 Mich 1, 9 ; 917 NW2d 249 (2018), quoting Strickland, 466 US at 694 . “[A]n attorney’s decisions relating to the selection of jurors generally involve matters of trial strategy . . . .” Johnson, 245 Mich App at 259 .

2023In other words, counsel’s performance must meet an “objective standard of reasonableness.” Trakhtenberg, 493 Mich at 52 . -5- Under the second prong of the test, a defendant must also show “that the deficient performance prejudiced the defense.” Hoag, 460 Mich at 5 (citation omitted).

2018Id.

2017In demonstrating the second prong of the standard, “the ‘defendant must show the outcome of the plea process would have been different with competent advice.’ ” Douglas, 496 Mich at 592 , quoting Lafler, 566 US at 163 .

2017In demonstrating the second prong of the standard, “the ‘defendant must show the outcome of the plea process would have been different with competent advice.’ ” Douglas, 496 Mich at 592 , quoting Lafler, 566 US at 163 .

2017In demonstrating the second prong of the standard, “the ‘defendant must show the outcome of the plea process would have been different with competent advice.’ ” Douglas, 496 Mich at 592 , quoting Lafler, 566 US at 163 .

2017In demonstrating the second prong of the standard, “the ‘defendant must show the outcome of the plea process would have been different with competent advice.’ ” Douglas, 496 Mich at 592 , quoting Lafler, 566 US at 163 .

2010Thus, only when a plaintiff has not made a good-faith attempt to comply with [MCL 600.2912b(4)] should a trial court consider dismissal of an action without prejudice. [Bush, 484 Mich at 177-178 .] In my dissent in Bush , I observed that the majority had provided no guidance for the application of its new test, id. at 199 n 10, and such guidance has still not been provided.

2010Thus, only when a plaintiff has not made a good-faith attempt to comply with [MCL 600.2912b(4)] should a trial court consider dismissal of an action without prejudice. [Bush, 484 Mich at 177-178 .] In my dissent in Bush , I observed that the majority had provided no guidance for the application of its new test, id. at 199 n 10, and such guidance has still not been provided.

2004Allstate Ins Co v Freeman, 432 Mich 656, 688 ; 443 NW2d 734 (1989) (opinion by Riley, J.).

2004Allstate Ins Co v Freeman, 432 Mich 656, 688 ; 443 NW2d 734 (1989) (opinion by Riley, J.).

2025In Thomas v Tomczyk, 142 Mich App 237, 239 ; 369 NW2d 219 (1985), a pre-Farmers Ins Exch case, a college student paid a friend for transportation to and from school.

2025In Thomas v Tomczyk, 142 Mich App 237, 239 ; 369 NW2d 219 (1985), a pre-Farmers Ins Exch case, a college student paid a friend for transportation to and from school.

2025All of the aforementioned cases can reach the same outcome if only the first factor of the two-factor analysis is considered.3 2 “Although MCR 7.215(C)(1) provides that unpublished opinions are not binding under the rule of stare decisis, a court may nonetheless consider such opinions for their instructive or persuasive value.” Kennard v Liberty Mut Ins Co, 341 Mich App 47 , 53 n 2; 988 NW2d 797 (2022) (quotation marks and citation omitted). 3 There are cases from this Court that have decided the primary purpose of the vehicle in question was to transport passengers, but because the primary pu

2025All of the aforementioned cases can reach the same outcome if only the first factor of the two-factor analysis is considered.3 2 “Although MCR 7.215(C)(1) provides that unpublished opinions are not binding under the rule of stare decisis, a court may nonetheless consider such opinions for their instructive or persuasive value.” Kennard v Liberty Mut Ins Co, 341 Mich App 47 , 53 n 2; 988 NW2d 797 (2022) (quotation marks and citation omitted). 3 There are cases from this Court that have decided the primary purpose of the vehicle in question was to transport passengers, but because the primary pu

2023“In attempting to persuade a reviewing court that counsel was ineffective, a defendant must also . . . establish ‘a reasonable probability that, but for counsel’s unprofessional errors, the result would have been different.’ ” Id. at 6 (citation omitted). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” People v Randolph, 502 Mich 1, 9 ; 917 NW2d 249 (2018), quoting Strickland, 466 US at 694 . “[A]n attorney’s decisions relating to the selection of jurors generally involve matters of trial strategy . . . .” Johnson, 245 Mich App at 259 .

2022“In attempting to persuade a reviewing court that counsel was ineffective, a defendant must also . . . establish ‘a reasonable probability that, but for counsel’s unprofessional errors, the result would have been different.’ ” Id. at 6 , quoting People v Johnson, 451 Mich 115, 124 ; 545 NW2d 637 (1996). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” People v Randolph, 502 Mich 1, 9 ; 917 NW2d 249 (2018), quoting Strickland, 466 US at 694 . “[C]riminal defendants require effective counsel during plea negotiations.” Frye, 566 US at 144 .

2022Grant, 470 Mich at 493 .

2022With respect to the second prong of the test, “[a] reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. (quotation marks and citation omitted).

2022“In attempting to persuade a reviewing court that counsel was ineffective, a defendant must also . . . establish ‘a reasonable probability that, but for counsel’s unprofessional errors, the result would have been different.’ ” Id. at 6 , quoting People v Johnson, 451 Mich 115, 124 ; 545 NW2d 637 (1996). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” People v Randolph, 502 Mich 1, 9 ; 917 NW2d 249 (2018), quoting Strickland, 466 US at 694 . “[C]riminal defendants require effective counsel during plea negotiations.” Frye, 566 US at 144 .

2022“In attempting to persuade a reviewing court that counsel was ineffective, a defendant must also . . . establish ‘a reasonable probability that, but for counsel’s unprofessional errors, the result would have been different.’ ” Id. at 6 , quoting People v Johnson, 451 Mich 115, 124 ; 545 NW2d 637 (1996). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” People v Randolph, 502 Mich 1, 9 ; 917 NW2d 249 (2018), quoting Strickland, 466 US at 694 . “[C]riminal defendants require effective counsel during plea negotiations.” Frye, 566 US at 144 .

2019Hubbard, supra at 481 .

2018Collins v. Harker Hts, Texas , 503 U.S. 115 , 121-122, 112 S.Ct. 1061 , 117 L.Ed. 2d 261 (1992) (holding that whether a legal violation occurred and whether a municipality might be liable for that violation are separate legal inquiries).

2018Collins v. Harker Hts, Texas , 503 U.S. 115 , 121-122, 112 S.Ct. 1061 , 117 L.Ed. 2d 261 (1992) (holding that whether a legal violation occurred and whether a municipality might be liable for that violation are separate legal inquiries).

2017While defendant contends that much of these issues resolved in the time following the accident, the record reflects that within six months of defendant moving for summary disposition with regard to the tort threshold of MCL 500.3135(1), plaintiff was still grappling with a hypersympathetic vascular constrictive disorder, which according to Dr. Martinez, resulted from the motor vehicle accident.5 Moreover, the record evidence, by way of Dr. Georgiadis’s notes, also confirms that as of December 3, 2015, plaintiff experienced post traumatic arthritis, in his “left hip after a left hip dislocation

2016And defendant has not satisfied the second prong of the test because he failed to prove that, if counsel did make a serious error, there was a reasonable probability that the result of the trial would have been different.1 Finally, as this Court has held in both Musser, 259 Mich App at 221 , and Woolfolk, 304 Mich App at 457 , defendant’s failure to establish actual and substantial prejudice means that defendant’s delay-in-arrest claim is meritless.

2016And defendant has not satisfied the second prong of the test because he failed to prove that, if counsel did make a serious error, there was a reasonable probability that the result of the trial would have been different.1 Finally, as this Court has held in both Musser, 259 Mich App at 221 , and Woolfolk, 304 Mich App at 457 , defendant’s failure to establish actual and substantial prejudice means that defendant’s delay-in-arrest claim is meritless.

2015Heft, 299 Mich App at 80-81 .

2015Nevertheless, even if we assume that this difference was not material, and that the affidavit prepared by plaintiff’s attorney, when viewed in the light most favorable to plaintiff, see Calhoun Co, 297 Mich App at 11-12 , established a genuine issue of material regarding whether the properties were similarly situated in all material aspects, there is no genuine issue of material fact regarding the second prong of the test.

2012Spectrum Health, 492 Mich at 518 n 26.