Opinion

People v. Grant

  • 470 Mich. 477
  • 684 N.W.2d 686
Court
Michigan Supreme Court
Filed
Jul 15, 2004
Status
Published
Author
Taylor
On the bench
Marilyn J. Kelly
Cited by
279 cases
Authority
More cited than 0.1%

holding that defense counsel’s failure to investigate constituted ineffective assistance of counsel where there was conflicting evidence at trial about the cause of one of the victim’s injuries, counsel only interviewed two or three of the people on a list of 12 or more people that was provided by the defendant to counsel before trial, and counsel failed to locate the eyewitnesses that would have substantiated the defendant’s primary defense that the victim’s injury was caused by a bicycle accident rather than by the defendant

How later courts described this case

  • holding that defense counsel’s failure to investigate constituted ineffective assistance of counsel where there was conflicting evidence at trial about the cause of one of the victim’s injuries, counsel only interviewed two or three of the people on a list of 12 or more people that was provided by the defendant to counsel before trial, and counsel failed to locate the eyewitnesses that would have substantiated the defendant’s primary defense that the victim’s injury was caused by a bicycle accident rather than by the defendant
  • holding under the Strickland analysis that counsel’s failure to investigate was unreasonable and prejudiced the defendant
  • equating the “preponderance of the evidence” standard with “more likely than not”
  • applying Strickland, 466 U.S. 688

Written by the judges who cited it.

The opinion

TAYLOR, J.

(concurring). I concur in the result of Justice KELLY’s opinion. I reach this conclusion not, as the dissents suggest, on the basis of hindsight, but on the fact that defense counsel was faced with a first-degree criminal sexual conduct (CSC I) charge in which it was not simply a “who do you believe” contest between an injured girl and the defendant where she says it happened and he says it did not. Rather, it was a “who do you believe” contest plus the prosecution had the additional evidence of a savage vaginal injury that surely would make a lot of people think that criminal sexual conduct happened unless there was another explanation for the injury.

While it is not ineffective to say the injured girl is a liar and always had been (especially given the other two charges), that defense will only cover the usual case that turns on credibility and for which there is no physical evidence. Where there is such incriminating evidence and the injured girl is now asserting that *499 defendant, and not a bicycle accident, caused her injury, an investigation to find witnesses to the bicycle accident is required. To fail to do so is not a reasonable, professional judgment. Strickland v Washington, 466 US 668, 690-691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984).

MARKMAN, J., concurred with TAYLOR, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.