Ineffective assistance of counsel can provide grounds for relief from a Michigan criminal conviction or sentence. But proving that an attorney made a mistake is not enough.
A defendant generally must establish two things:
- Defense counsel’s performance fell below an objective standard of reasonableness; and
- The deficient performance prejudiced the defense.
That constitutional framework comes from Strickland v Washington, 466 US 668 (1984), and is applied by Michigan courts through decisions including People v Pickens, 446 Mich 298 (1994), and People v Carbin, 463 Mich 590 (2001).
The distinction is critical.
Continue reading “Ineffective Assistance of Counsel in Michigan: Criminal Appeals and Ginther Hearings”