People v. Armstrong
490 Mich. 281
| Mich. | 2011Background
- Defendant Armstrong was convicted of two counts of third-degree criminal sexual conduct involving a 15-year-old complainant.
- Defense challenged the complainant’s credibility; trial focused on whether she lied about contacts with defendant after the alleged rapes.
- Defense sought to admit defendant’s cell phone records showing numerous calls from the complainant after the third meeting to attack credibility.
- Trial court sustained the prosecution’s foundation objections; defense counsel did not pursue further steps to admit the records.
- The prosecution argued the records were inadmissible and suggested possible fabrication; jurors were instructed to disregard unadmitted evidence.
- Ginther hearing revealed defense counsel believed no custodian needed to testify; court found below-objective-strategy performance and held prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was defense counsel's failure to pursue admission of the cell phone records below objective standard? | Armstrong: failure was below reasonable standard; records were important. | Armstrong: failure not strategic; records would aid defense. | Yes; failure fell below objective standard of reasonableness. |
| Did the failure to admit the records prejudice the defense by undermining the complainant's credibility? | Armstrong: prejudice shown by potential impeachment effect of records. | Armstrong: no prejudice since credibility already attacked. | Yes; prejudice shown; likelihood of acquittal increased. |
| Could admission of the records have changed the outcome given the statutory framework and trial context? | Armstrong: records would cast doubt on alleged rape and credibility. | Armstrong: not necessary to prove consent; records could still help defense. | Yes; reasonable probability of different result. |
Key Cases Cited
- People v Ginther, 390 Mich 436 (1973) (Ginther framework for ineffective assistance claims)
- People v Grant, 470 Mich 477 (2004) (standard for ineffective assistance review)
- People v Graves, 458 Mich 476 (1998) (evidence evaluation and instruction considerations)
- People v Cash, 419 Mich 230 (1984) (consent issues and credibility considerations in sex offenses)
- People v Pickens, 446 Mich 298 (1994) (ineffective assistance and prejudice standards)