People v. Gioglio
296 Mich. App. 12
| Mich. Ct. App. | 2012Background
- This is Gioglio's second appeal; Supreme Court remanded to consider Strickland-based ineffective assistance.
- Gino/Prentice-Sao Ginther hearing resolved factual disputes; trial court found no intentional betrayal, bias, or improper conduct.
- Appellate court limited analysis to issues Gioglio raised in his original brief on appeal.
- Court analyzed whether Prentice-Sao’s acts fell below objective professional standards; found no such acts.
- Habitual-offender enhancement under MCL 769.10 was reviewed; court questioned whether enhancement was proper but deemed waived.
- Court affirmed Gioglio’s conviction and sentencing, with no relief granted on ineffective assistance or related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Betrayal of attorney-client privilege | Gioglio contends Prentice-Sao disclosed confidences to prosecutor. | Prentice-Sao’s statements were plea-related and not a betrayal. | No prejudice; factual predicate not established; credibility favored trial court. |
| Bias or conflict of interest | Prentice-Sao biased against Gioglio and acted on it. | No bias supported by trial court credibility findings. | No bias established; trial court findings deferentially sustained. |
| Failure to cross-examine the complainant | Prentice-Sao refused cross-examination due to bias or guilt. | Decision was reasonable trial strategy under Strickland. | Not shown to fall below objective standard; trial court's strategy upheld. |
| Habitual-offender enhancement under MCL 769.10 | Enhancement may have been applied improperly. | Defense approved the enhanced maximum; waiver. | Waived; no reversible error. |
Key Cases Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963) (right to counsel including effective assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance)
- Cronic, 466 U.S. 648 (U.S. 1984) (presumed prejudice in certain circumstances)
- People v Dendel, 481 Mich 114 (Mich. 2008) (standard for reviewing ineffective assistance claims)
- People v LeBlanc, 465 Mich 575 (Mich. 2002) (Ginther/clear-error review standard)
- People v Carter, 462 Mich 206 (Mich. 2000) (waiver by defendant's approval of trial court action)
- People v Vaughn, 291 Mich App 183 (Mich. App. 2010) (example of preserving/considering trial strategy)
- People v Mitchell, 454 Mich 145 (Mich. 1997) (witness handling as trial strategy)
- Bonilla-Machado, 489 Mich 412 (Mich. 2011) (discretionary application of habitual-offender statute)