855 N.W.2d 744
Mich.2014Background
- Defendant Juan Walker was convicted and his conviction became final in October 2005.
- Walker contended his trial counsel failed to inform him of a prosecutor’s September 26, 2001 plea offer to second-degree murder with a 25–50 year sentence agreement.
- Walker sought relief on ineffective-assistance-of-counsel grounds, invoking precedent on counsel’s duty to convey plea offers.
- The Michigan Supreme Court held the pending application in abeyance pending related U.S. Supreme Court decisions, then considered the matter after those decisions issued.
- Instead of granting leave to appeal, the Court remanded to the Wayne Circuit Court for an evidentiary Ginther hearing to determine whether counsel was ineffective for failing to convey the plea offer.
- If Walker proves ineffectiveness, the circuit court must allow him to pursue relief under MCR 6.508(D) and determine whether Lafler retroactive relief is available; indigency and appointment of counsel are to be determined per administrative order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to inform defendant of a plea offer | The prosecution (People) argued no relief from this Court; factual issues belong to trial court | Walker argued trial counsel did not convey the September 26, 2001 plea offer and thus provided ineffective assistance | Remanded for an evidentiary Ginther hearing to determine if counsel was ineffective for failing to convey the plea offer |
| Standard for proving ineffective assistance in this context | People relied on established two-prong Strickland/Carbin standard | Walker invoked Frye/Lafler principles applicable to lost or uncommunicated plea offers | Court applied People v Carbin standard and set Lafler prejudice elements (would have accepted, offer wouldn’t be withdrawn, court would accept plea, and plea result less severe) |
| Available post-conviction relief if ineffective assistance shown | People: procedural rules govern relief and retroactivity issues should be decided by trial court | Walker: if ineffective, he is entitled to opportunity for Lafler relief despite finality of conviction | If ineffective assistance is established at Ginther hearing, defendant may pursue MCR 6.508(D) relief and the trial court must decide Lafler retroactivity |
| Appointment of counsel/indigency for hearing | People: administrative procedures apply | Walker: requested counsel if indigent | Circuit court must determine indigency and, if indigent, appoint counsel under Administrative Order 2003-03 |
Key Cases Cited
- People v. Ginther, 390 Mich. 436 (1973) (establishes procedure for evidentiary hearing on ineffective assistance claims)
- People v. Carbin, 463 Mich. 590 (2001) (articulates two-prong ineffective-assistance standard to assess counsel performance and prejudice)