An new case from the Michigan Court of Appeals demonstrates just how deficient a court appointed attorney must be before Michigan courts will grant the defendant any type of relief. In People v. Jeffrey Paul Gioglio ___ Mich App ___ (#293629, 04-05-11), the Michigan Court of Appeals reversed convictions of two counts of CSC II and one count of attempted CSC II. The court found that the defendant was denied his Sixth Amendment right to the assistance of counsel where his trial attorney entirely failed to subject the prosecution’s case to “meaningful adversarial testing.” The court appointed attorney:
· failed to give an opening statement
· failed to cross‐examine witnesses
permitted the prosecutor to present improper testimony
· failed to make proper objections
· failed to subject the prosecutors case to meaningful adversarial testing
mounted the “feeblest of defenses imaginable…”
If you can believe it, Judge K.F. Kelly, dissented and found that the trial attorney’s conduct was not ineffective…in other words, that the attorney did a job that was good enough for a criminal defendant in Michigan.
If you or a loved one is charged with a criminal offense in Michigan and you are looking for an attorney who is caring, zealous and not afraid to win, please feel free to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation at (248) 263-6800. We will find a way to help you and we provide the best possible criminal defense available.