People of Michigan v. Nija Monet Starke, 357252

In March 2019 defendant shot and killed her boyfriend; police found both the victim and defendant’s handgun in the bathroom. The victim later died of multiple gunshot wounds.
Defendant was charged with second-degree murder and felony-firearm; at trial two MSP firearms examiners tied defendant’s gun to the shooting.
Defense theory was lawful self-defense; the trial court instructed the jury that self-defense could be a defense to both second-degree murder and felony-firearm and explained the prosecution’s burden to disprove self-defense.
The jury acquitted defendant of second-degree murder but convicted her of possession of a firearm during the commission of a felony (felony-firearm); the trial court imposed the mandatory two-year sentence.
Defendant moved for a new trial or a Ginther hearing claiming trial counsel was ineffective for failing to expressly argue that self-defense applied to felony-firearm or request a separate, tailored instruction; the trial court denied relief.
On appeal the Court of Appeals affirmed, holding the self-defense instruction was adequate and defendant failed to show deficient performance or prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for not explicitly arguing/requesting a specific instruction that self-defense applies to felony-firearm	Instructions were proper; counsel not ineffective; no prejudice	Counsel failed to specifically argue or request a felony-firearm self-defense instruction; jury likely would have acquitted on felony-firearm if emphasized	Court held counsel not ineffective; jury was properly instructed that self-defense applied to felony-firearm and defendant showed no reasonable probability of a different outcome

People v LeBlanc, 465 Mich 575 (explains standard for ineffective-assistance review)
People v Carbin, 463 Mich 590 (sets two-part ineffective-assistance test)
People v Toma, 462 Mich 281 (objective-reasonableness standard for counsel performance)
People v Thorne, 322 Mich App 340 (jury-instruction principles; must give requested instruction supported by evidence)
People v Goree, 296 Mich App 293 (self-defense can apply to felony-firearm; error to tell jury otherwise)
People v Cooper, 236 Mich App 643 (no ineffective assistance for failing to request redundant instruction)
People v Henry, 305 Mich App 127 (counsel not ineffective for failing to advance meritless or futile positions)
People v Vaughn, 409 Mich 463 (inconsistent jury verdicts permissible; mercy-dispensing power of jury)
People v Ginther, 390 Mich 436 (procedures for ineffective-assistance evidentiary hearing)