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Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial
Loaded on May 15, 2022
by David Reutter
published in Criminal Legal News
June, 2022, page 24
Filed under:
Failure to Consult/Investigate/Raise.
Location:
Michigan.
by David M. Reutter
The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants who were on trial for home invasion and felonious assault.
Jeremiah and Micheline Leffew moved to Michigan in September 2017 and moved in with Jeremiah’s ...
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More from this issue:
- A House Built on Discriminatory Sand, by Anthony Accurso
- Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors, by J.D. Schmidt
- New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case, by Casey Bastian
- Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief, by Dale Chappell
- Excited Delirium—the Diagnosis That Doesn’t Exist, by Brooke Kaufman
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- California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory, by Douglas Ankney
- Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial, by David Reutter
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, by Douglas Ankney
- West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer, by Douglas Ankney
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- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, July 15, 2024. AEDPA, Batson Claims, Failure to Consult/Investigate/Raise.
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
- Jesse Johnson: 194th Person Exonerated While on Death Row, Jan. 15, 2024. Wrongful Conviction, Racial Profiling, Failure to Consult/Investigate/Raise.
- Wiggins v.Smith, No. 02-311 (U.S. Supreme Court) (539 U.S. 510; 123 S.Ct. 2527) (June 26, 2003) (Justice O'Connor), June 1, 2003. Punch And Jurists, Failure to Consult/Investigate/Raise.
- Wiggins v. Corcoran, No. 01-23 (4th Cir.) (288 F.3d 629) (May 2, 2002) (Judge H. Emory Jr. Widener), June 1, 2002. Punch And Jurists, Failure to Consult/Investigate/Raise.
