Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent
Trial Court’s order for termination of parental rights vacated and remanded due to failure to serve Respondent and failure to offer new hearing.
Appeals Court Reverses Trial Court Taking Jurisdiction Over Child
The trial court wrongly held that the statutory grounds for jurisdiction over the child were established by a preponderance of the evidence.
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.
Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.
Michigan Supreme Court Found Respondent- Father's Counsel Provided Ineffective Assistance
The Michigan Supreme Court vacated the judgment of the Court of Appeals and remanded the case for a new appeal due to the Respondent- Father's counsel providing ineffective assistance.
Trial Lawyer’s ‘Deficient’ Performance Requires Reversal Of Child-Abuse Conviction
A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient”.
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.
Custody Dispute Ends Up in Eavesdropping Conviction
Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute.
A Case to Watch - Voluntariness of Plea and Ineffective Assistance of Counsel - Now Back to Trial Court
At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.
Former Litigant in Family Law Case in Supreme Court Loses His Criminal Appeal
The defendant raised the issue of ineffective assistance of counsel. The court wrote that to prove it, the defendant must show that counsel’s performance fell below objective standards.
Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility
Ineffective assistance of counsel is an incredibly difficult burden for a criminal defendant to prove.
Failure to Call Key Witness Held Ineffective Assistance of Counsel
The COA affirms the case against Clifford Thomas but vacates Jasmine Gordon’s conviction and remands for a new trial due to the ineffective assistance of Gordon’s counsel.
U.S. Supreme Court Clarifies the Standard for Granting Certificates of Appealability in the Federal Courts and Addresses Racist Testimony in Capital Sentencing Cases
Buck was convicted of capital murder for killing his ex-girlfriend and her friend in 1995.
MSC: Not Presenting Expert Testimony Equals Ineffective Assistance of Counsel
The MI Supreme Court’s decision in People v Ackley shows just how crucial it is for defense lawyers to adequately investigate their client’s case and make good use of expert witnesses.
Questions at Oral Argument Enlighten
When I attended oral argument the other day in People v Trakhtenberg (SCT Docket 143386), it was interesting to listen to the court's questions