People of Michigan v. Diontee Laquinn Beavers, 330867

Background

Defendant Diontee Beavers was convicted after a bench trial of fourth-degree criminal sexual conduct (force or coercion) based on testimony that he grabbed a staff member over her vaginal area for about three seconds while checking into a psychiatric facility.
At sentencing he was designated a fourth-offense habitual offender and given 36 months’ probation; the court also imposed $400 in court costs, $600 in attorney fees, and $900 in probation supervision fees.
The record contained letters from multiple medical providers (not admitted at trial) diagnosing defendant with serious mental illness (schizoaffective disorder/limbic encephalitis) and noting hypersexual behavior during psychotic episodes; the forensic examiner agreed defendant was mentally ill and that legal-insanity was a close question but ultimately concluded insanity was not provable.
Defense counsel filed a notice of intent to assert an insanity defense and obtained a forensic evaluation that was unfavorable, but did not call treating/examining medical witnesses or otherwise pursue the insanity defense at trial.
The Court of Appeals found the insanity defense potentially substantial given the medical evidence and prosecutor’s examiner’s equivocal findings, and concluded the record lacked information about defense counsel’s investigation or strategic reasons for not pursuing insanity.
The Court remanded for a Ginther evidentiary hearing on ineffective assistance (failure to pursue insanity) and, if no new trial is ordered, for the trial court to establish a factual basis for the court costs and attorney fees; the probation supervision fee was affirmed as statutorily calculated.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defense counsel was constitutionally ineffective for failing to pursue an insanity defense	Counsel was not ineffective because an unfavorable forensic evaluation justified not pursuing insanity	Counsel failed to investigate/present substantial defense (insanity) despite available treating/examining evidence showing psychosis and hypersexual episodes	Remanded for Ginther hearing to develop record on counsel’s investigation, strategy, and prejudice under Strickland
Whether evidence was sufficient to support conviction for CSC-IV (sexual contact by force/coercion)	Victim’s testimony established sexual contact and use of force or by surprise; evidence viewed in light most favorable to prosecution supports conviction	Touching may not have been for a sexual purpose or may be excused by mental illness (overlap with insanity claim)	Conviction supported: victim’s testimony sufficient to show sexual contact and force/coercion; sufficiency claim rejected
Whether court costs and attorney fees were properly imposed	Costs and fees reasonable as part of sentence	Trial court failed to articulate factual basis tying costs/fees to actual court expenses and legal services	If no new trial after Ginther hearing, remand to trial court to establish factual basis for costs and attorney fees (Konopka remand)
Whether $900 probation supervision fee was proper	Fee schedule under statute dictates amount	Defendant argued fee calculation needed review based on income	Fee affirmed: statutory schedule (MCL 771.3c) yields $25/month × 36 months = $900

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
People v. Chapo, 283 Mich. App. 360 (trial counsel must investigate and present substantial defenses)
People v. Ginther, 390 Mich. 436 (requires evidentiary hearing to develop record on ineffective assistance claims)
People v. Konopka (On Remand), 309 Mich. App. 345 (trial court must establish factual basis for statutory court costs)
People v. Wolfe, 440 Mich. 508 (standard for reviewing sufficiency of evidence)
People v. Unger, 278 Mich. App. 210 (deference to trier of fact on witness credibility and weight of evidence)
People v. Piper, 223 Mich. App. 642 (definition/analysis of "sexual contact" requirement)