People v. Cooper, 309 Mich. App. 74

On Dec. 30, 2012, Henry Merritt was violently attacked in his home; he identified James Cooper as the white assailant and described severe beating, burning with gasoline, stabbing, and amputation of a finger. Merritt was medevaced to hospital.
Cooper was tried by jury and convicted of first-degree home invasion, assault with intent to commit murder, and torture; sentenced to lengthy terms including life for the assault and habitual-offender enhancements.
At trial several witnesses (including McCarver and Miller) were cooperating and had plea agreements; some testified about heavy drug use by Cooper and others.
Cooper appealed raising claims of ineffective assistance of counsel (various cross-examination and elicitation decisions about drug-related testimony) and prosecutorial error for questioning witnesses about plea conditions/requirements to testify truthfully.
The Court remanded for a Ginther hearing to develop the ineffective-assistance record and then affirmed, concluding trial strategy explained counsel’s choices and Cooper was not prejudiced given strong identification and other evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Trial counsel elicited Damon's testimony linking Cooper to pill distribution	Prosecutor: testimony relevant and defense strategy to show mistaken ID	Cooper: counsel elicited prejudicial drug-dealer implication without benefit	Held: Counsel pursued a plausible strategy to show Damon confused; not ineffective.
Failure to object to Bearden’s testimony about police seizures	Prosecutor: testimony not prejudicial; Cooper had admitted heavy drug use to detective	Cooper: counsel should have objected to introduction of drug-search evidence	Held: No prejudice because Cooper admitted drug use; not ineffective.
Counsel opened door to Miller’s testimony about prior assault while high	Prosecutor: elicited to attack Miller’s credibility regarding drug use and perception	Cooper: testimony unfairly prejudiced jury about character and drug-related conduct	Held: Strategy to impeach credibility; even if risky, not deficient or prejudicial.
Failure to cross-examine McCarver about plea deal and not object to prosecutor questioning witnesses about plea/truth condition	Prosecutor: disclosed plea conditions did not vouch for credibility; common and proper	Cooper: counsel’s failure to highlight plea incentives prejudiced jury credibility assessment	Held: Prosecutor did not improperly vouch; defense strategy (and admission of plea status) sufficient; no prejudice given strong ID evidence.

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
People v. Carbin, 463 Mich. 590 (2001) (defendant bears burden to show counsel’s errors were serious)
People v. LeBlanc, 465 Mich. 575 (2002) (presumption counsel was effective; trial strategy deference)
People v. Unger, 278 Mich. App. 210 (2008) (no substitution of appellate judgment for tactical trial decisions)
People v. Thomas, 260 Mich. App. 450 (2004) (futility of objection can support waiver)
People v. Bahoda, 448 Mich. 261 (1995) (limits on prosecutor vouching for witness credibility)
People v. Ginther, 390 Mich. 436 (procedures for ineffective-assistance evidentiary hearing)
People v. Dendel, 481 Mich. 114 (2008) (mixed question standard for ineffective-assistance review)
People v. Johnson, 293 Mich. App. 79 (appellate review standards for Ginther findings)
People v. Petri, 279 Mich. App. 407 (2008) (failed strategy does not equal deficient performance)
People v. Aldrich, 246 Mich. App. 101 (2001) (standards for reviewing unpreserved prosecutorial error)
People v. Carines, 460 Mich. 750 (1999) (plain-error standard requiring effect on substantial rights)