Trial Judge Who Properly Refused To Hear Criminal Defense Expert’s Testimony Will Not Preside Over Case On Remand
In this ineffective assistance of counsel claim, the trial court correctly refused to allow the testimony of the defendant’s proposed expert on criminal defense practice, the Michigan Court of Appeals has ruled.
Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights
A father in a TPR case was denied effective assistance of counsel. The Michigan COA vacated the order of termination and remanded the case for further proceedings.
Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.
Inability To Satisfy Plain-Error Test Doesn’t Shut Down Ineffective Assistance Claim
A defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error doesn’t, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim.
People v Trakhtenberg and the Use of Collateral Estoppel by Prosecutors
In a recent opinion, the Michigan Supreme Court in People v Trakhtenberg, addressed a very narrow issue - the use of collateral estoppel by the prosecution to prevent a criminal defendant from challenging his trial counsel’s effectiveness.