People of Michigan v. Eric Darnell Galloway
329480
| Mich. Ct. App. | Jun 15, 2017Background
- In 2004 Galloway was charged with multiple offenses including second-degree murder; a prosecution plea offered a Cobbs sentence agreement of 10–15 years for a guilty plea to second-degree murder.
- Defense counsel sent letters to Galloway estimating guideline ranges and advising that the offer was a substantial departure below the guidelines; counsel miscalculated the guideline minimum for second-degree murder.
- Galloway rejected the plea, waived a jury, and was convicted after a bench trial of second-degree murder and other offenses; he received a minimum 32‑year term (384 months) for murder.
- Years later Galloway moved for relief from judgment alleging ineffective assistance of trial counsel (for incorrect guideline advice) and ineffective appellate counsel (for not raising that claim on direct appeal), seeking reinstatement of the plea offer or vacation of convictions.
- The trial court denied the motion without an evidentiary hearing, concluding Galloway failed to prove prejudice; this Court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for giving inaccurate guideline advice during plea negotiations | Trial court/State argued counsel’s advice did not make plea claim meritorious; no prejudice shown | Galloway argued he relied on counsel’s incorrect guideline prediction and would have accepted the 10–15 year plea but for that advice | Held: No ineffective assistance—counsel’s misprediction alone not objectively unreasonable here and defendant failed to prove prejudice (would not necessarily have obtained or kept the plea) |
| Whether appellate counsel was ineffective for not raising trial‑counsel ineffectiveness on direct appeal | State argued appellate omission was reasonable because the underlying claim lacked merit | Galloway argued appellate counsel ignored his letter and failed to raise the claim | Held: No ineffective assistance—failure to raise a meritless claim is not ineffective and defendant cannot show prejudice |
| Whether defendant established good cause under MCR 6.508(D)(3)(a) to excuse failure to raise the claim earlier | State argued no good cause because no ineffective assistance proved | Galloway argued ineffective assistance established good cause | Held: No good cause shown as claim lacked merit; alternative basis to deny relief |
| Whether trial court improperly relied on its disagreement with People v Cobbs | State noted court acknowledged it must follow controlling law | Galloway argued the judge’s personal disagreement infected the ruling | Held: No reversible error—trial court recognized and applied Cobbs despite expressing disagreement |
Key Cases Cited
- Cobbs v. People, 443 Mich. 276 (Michigan 1993) (trial judge may give a preliminary sentence evaluation and defendant may withdraw plea if final sentence exceeds that evaluation)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑pronged ineffective assistance standard: performance and prejudice)
- Lafler v. Cooper, 566 U.S. 156 (U.S. 2012) (prejudice standard for rejected plea offers requires showing plea would have been accepted, presented, and yielded lesser outcome)
- Douglas v. People, 496 Mich. 557 (Michigan 2014) (applies Strickland/Lafler principles to plea‑bargaining ineffective‑assistance claims)
- Trakhtenberg v. Scutt, 493 Mich. 38 (Michigan 2012) (mixed question review for ineffective assistance claims)
- Hoag v. People, 460 Mich. 1 (Michigan 1999) (defendant must establish factual predicate for ineffective‑assistance claims)
- Kimble v. Strickland, 470 Mich. 305 (Michigan 2004) (good cause for postconviction relief can be established by proving ineffective assistance of counsel)