effectiveness defense in Michigan

2024The jury’s acquittal of defendant on the charge of assault by 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -7- strangulation arguably demonstrated the effectiveness of defense counsel’s strategy with respect to the photographic evidence.

2024The jury’s acquittal of defendant on the charge of assault by 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -7- strangulation arguably demonstrated the effectiveness of defense counsel’s strategy with respect to the photographic evidence.

2018To do so would allow a defendant to harbor error as an appellate parachute.” People v Green, 228 Mich App 684, 691 ; 580 NW2d 444 (1998). -4- In a pro se supplemental brief filed pursuant to Supreme Court Administrative Order No. 2004-6, Standard 4, defendant raises additional issues challenging the prosecutor’s conduct, the effectiveness of defense counsel’s assistance at trial, and the trial court admission of evidence.

2018To do so would allow a defendant to harbor error as an appellate parachute.” People v Green, 228 Mich App 684, 691 ; 580 NW2d 444 (1998). -4- In a pro se supplemental brief filed pursuant to Supreme Court Administrative Order No. 2004-6, Standard 4, defendant raises additional issues challenging the prosecutor’s conduct, the effectiveness of defense counsel’s assistance at trial, and the trial court admission of evidence.

2024A. INEFFECTIVE ASSISTANCE OF COUNSEL “Whether a person has been denied effective assistance of counsel is a mixed question of fact and constitutional law.” People v LeBlanc, 465 Mich 575, 579 ; 640 NW2d 246 (2002).

2024A. INEFFECTIVE ASSISTANCE OF COUNSEL “Whether a person has been denied effective assistance of counsel is a mixed question of fact and constitutional law.” People v LeBlanc, 465 Mich 575, 579 ; 640 NW2d 246 (2002).

2023During these phone calls, defendant instructed Cruz to contact the prosecutor’s office and inform them that she did not want to be involved with the case any further and wanted the no-contact order to be lifted. 5 The effectiveness of defense counsel is not evaluated based on the success or failure of counsel’s strategy, Petri, 279 Mich App at 412 , but nevertheless we note that this strategy was largely successful as defendant was acquitted of the most serious charge. 6 After Cruz invoked her right to remain silent at the evidentiary hearing, defendant attempted to admit her affidavit into ev

2016“Under the sentencing guidelines, the circuit court’s factual determinations are reviewed for clear error and must be supported by a preponderance of the evidence.” People v Hardy, 494 Mich 430, 438 ; 835 NW2d 340 (2013).

1984However, an insurer’s obligation to defend does not depend on its eventual liability to pay; it must defend when the pleadings show that the action is within the policy coverage, Guerdon Industries, Inc v Fidelity & Casualty Co of New York, 371 Mich 12, 18 ; 123 NW2d 143 (1963), or if unpled facts known by the insurer to be true bring the action within the policy coverage, Kangas v Aetna Casualty & Surety Co, 64 Mich App 1, 5 ; 235 NW2d 42 (1975).

1984However, an insurer’s obligation to defend does not depend on its eventual liability to pay; it must defend when the pleadings show that the action is within the policy coverage, Guerdon Industries, Inc v Fidelity & Casualty Co of New York, 371 Mich 12, 18 ; 123 NW2d 143 (1963), or if unpled facts known by the insurer to be true bring the action within the policy coverage, Kangas v Aetna Casualty & Surety Co, 64 Mich App 1, 5 ; 235 NW2d 42 (1975).

1984However, an insurer’s obligation to defend does not depend on its eventual liability to pay; it must defend when the pleadings show that the action is within the policy coverage, Guerdon Industries, Inc v Fidelity & Casualty Co of New York, 371 Mich 12, 18 ; 123 NW2d 143 (1963), or if unpled facts known by the insurer to be true bring the action within the policy coverage, Kangas v Aetna Casualty & Surety Co, 64 Mich App 1, 5 ; 235 NW2d 42 (1975).

1984However, an insurer’s obligation to defend does not depend on its eventual liability to pay; it must defend when the pleadings show that the action is within the policy coverage, Guerdon Industries, Inc v Fidelity & Casualty Co of New York, 371 Mich 12, 18 ; 123 NW2d 143 (1963), or if unpled facts known by the insurer to be true bring the action within the policy coverage, Kangas v Aetna Casualty & Surety Co, 64 Mich App 1, 5 ; 235 NW2d 42 (1975).

1981Reversed. 1 Miranda v Arizona, 384 US 436 ; 86 S Ct 1602 ; 16 L Ed 2d 694 ; 10 ALR3d 974 (1966). 2 It should be noted that the prosecutor misrepresented Danna’s testimony somewhat in his closing argument when he indicated that defendant reluctantly told the officer that he had been working on his car with Mark Ernst on the evening of the robbery; the record reveals that this information was voluntarily offered by defendant.

1981Reversed. 1 Miranda v Arizona, 384 US 436 ; 86 S Ct 1602 ; 16 L Ed 2d 694 ; 10 ALR3d 974 (1966). 2 It should be noted that the prosecutor misrepresented Danna’s testimony somewhat in his closing argument when he indicated that defendant reluctantly told the officer that he had been working on his car with Mark Ernst on the evening of the robbery; the record reveals that this information was voluntarily offered by defendant.

1976In People v Armstrong, 390 Mich 693, 700 ; 213 NW2d 190 (1973), this Court said that it would not apply "a standard more *242 stringent than the standard presently in force” to a plea taken before the effectiveness of the rule.

1976In People v Armstrong, 390 Mich 693, 700 ; 213 NW2d 190 (1973), this Court said that it would not apply "a standard more *242 stringent than the standard presently in force” to a plea taken before the effectiveness of the rule.