People of Michigan v. Pamela Mae Butler, 327415

Defendant Pamela Mae Butler was convicted by a jury of possession with intent to deliver marijuana and felony-firearm; acquitted of maintaining a drug house. She was sentenced to five years’ probation for the drug conviction and two years’ consecutive imprisonment for the felony-firearm conviction.
At trial Butler testified police forcibly entered her daughter’s house while she was there, searched the premises, and found marijuana plants and a rifle in the basement.
Butler argued on appeal that trial counsel was ineffective for (1) failing to move to suppress the marijuana and firearm seized in the search and (2) failing to object when the trial court dismissed several venire members who expressed support for marijuana legalization without further questioning.
The trial court did not hold an evidentiary hearing on the ineffective-assistance claim; the Court of Appeals therefore reviewed only mistakes apparent on the record.
The court analyzed counsel’s performance under the two-prong ineffective-assistance standard (performance and prejudice) and reviewed whether counsel could reasonably have declined to pursue a motion to suppress given Butler’s lack of established standing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for not moving to suppress evidence from the house	The prosecution (People) argued suppression was unnecessary because defendant lacked standing to challenge the search based on the record	Butler argued counsel should have moved to suppress the marijuana and gun found in the house	Court held counsel was not ineffective because the record did not establish Butler had standing to challenge the search and a suppression motion would have been futile
Whether counsel was ineffective for failing to object when the court dismissed venire members who favored marijuana legalization without further inquiry	People maintained dismissal did not prejudice defendant and the resulting jury was impartial	Butler argued the court’s summary dismissals denied her potential unbiased jurors and counsel should have objected to preserve the issue	Court held counsel’s failure to object was not prejudicial; although the court erred in dismissing jurors without inquiry, Butler did not show the impaneled jury was biased or that she was harmed

People v. Frazier, 478 Mich. 231 (establishing two-prong ineffective-assistance standard)
People v. Lane, 308 Mich. App. 38 (review limited to record where no evidentiary hearing held)
People v. Parker, 230 Mich. App. 337 (distinguishing guest vs. mere visitor for Fourth Amendment standing in another’s home)
People v. Kazmierczak, 461 Mich. 411 (Fourth Amendment search and seizure principles)
Irvin v. Dowd, 366 U.S. 717 (juror impartiality and ability to set aside opinions)