People v. Brannon
This text of 784 N.W.2d 205 (People v. Brannon) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
PEOPLE of the State of Michigan, Plaintiff-Appellant,
v.
Robert K. BRANNON, Defendant-Appellee.
Supreme Court of Michigan.
Order
On order of the Court, the application for leave to appeal the March 23, 2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and VACATE the Monroe Circuit Court order granting the defendant's motion for a new trial. The record clearly established that defense counsel discussed issues of delayed reporting of sexual assault by a child witness with a potential expert witness, and made a reasonable strategic decision to forego expert testimony in light of the possibility that the witness might also provide testimony favorable to the prosecution. We REMAND this case to the trial court for reinstatement of the defendant's conviction and for further proceedings not inconsistent with this order.
MICHAEL F. CAVANAGH, J., would deny leave to appeal.
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Cite This Page — Counsel Stack
784 N.W.2d 205, 486 Mich. 1070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brannon-mich-2010.