# People v. Dixon

> Michigan Court of Appeals · October 28, 2004 · 263 Mich. App. 393

URL: https://www.frixlaw.com/law-library/cases/9736559

## Case

- **Full name:** People v. Dixon
- **Court:** Michigan Court of Appeals
- **Decided:** October 28, 2004
- **Citations:** 263 Mich. App. 393; 688 N.W.2d 308
- **Precedential status:** Published
- **Opinion:** Concurrence by Bandstra
- **Judges:** Schuette, Bandstra, Cooper
- **Cited by:** 281 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9736559

## How later opinions describe it (automated extraction)

- stating that what evidence to present, including whether to call or how to question witnesses, is presumed to be a matter of trial strategy which this Court will not second-guess with the benefit of hindsight
- finding that the defendant was not deprived of a substantial defense where defense counsel raised the defense through cross- examination of the complainant and in his closing argument
- holding that “decisions regarding what evidence to present and whether to call or question witnesses are presumed to be matters of trial strategy”.

## Opinion text

BANDSTRA, J.
(concurring). I concur with the lead opinion. I do not conclude that the errors requiring *401 reversal, which likely affected the jury’s determinations of the alleged victim’s credibility in this close case, did so only with regard to testimony concerning the criminal sexual conduct charges. “Unless the accused receives the effective assistance of counsel, ‘a serious risk of injustice infects the trial itself.’ ” United States v Cronic, 466 US 648, 656 ; 104 S Ct 2039 ; 80 L Ed 2d 657 (1984), quoting Cuyler v Sullivan, 446 US 335, 343 ; 100 S Ct 1708 ; 64 L Ed 2d 333 (1980). Thus, I disagree with Judge SCHUETTE, who concludes that the errors did not affect the conviction for first-degree home invasion and felonious assault.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9736559. Public record. Not legal advice.