Mich. SCt Finds Ineffective Assistance Where Counsel Didn't Know the Rules of Evidence
Oct/27/11 13:24 CategoriesIneffective Assistance of Counsel
In a rare unanimous opinion, the Michigan Supreme Court reversed the Court of Appeals ruling and found ineffective assistance of counsel in a sexual abuse case. In People v Richard Armstrong, Supreme Court No 142762, the Defendant was charged with sexually assaulted a fifteen year old girl. The complainant testified she never communicated with the Defendant following her “rape.” The cell phone records showed to the contrary, but defense counsel did not know how to lay a proper foundation to admit them. When counsel failed to properly admit them, the prosecution argued it was a fabrication. At the Ginther hearing, defense counsel stated that he believed that a business record was self-authenticating. The trial court found that the Defendant was not prejudiced and the Court of Appeals affirmed. The Supreme Court per Zahara held that the Defendant was denied his right to ineffective assistance. The Court was highly critical of the prosecution’s assertion that counsel’s failure to have a grasp on the rules of evidence was somehow strategic. The Court further found that the Complainant’s credibility was critical to the case and rejected the notion that the ability to attack the Complainant’s credibility on other issues rendered the error harmless.
