In People v Brown, __ Mich __ (#144298, 5/09/2012) the Michigan Supreme Court determined that the defendant’s trial counsel was ineffective for failing to specifically request the National Counsel on Alcoholism and Drug Dependence staff activity logs before trial, as those logs supported the defendant’s claim that he did not have as many individual counseling sessions with the complainants as they alleged. Trial counsel was also ineffective for failing to effectively cross-examine the sole complainant (the “complainant”) whose testimony resulted in the defendant’s convictions. Counsel failed to point out any of the inconsistencies in the complainant’s trial testimony, and also failed to develop the point that her trial testimony was inconsistent in some respects with her preliminary examination testimony and with her initial statement to the police.
Defendant’s appellate counsel was also ineffective for failing to raise these issues on the defendant’s direct appeal. Defendant was prejudiced thereby, and has met the burden of establishing entitlement to relief under MCR 6.508(D).
Defendant’s conviction is reversed and on retrial the defendant should be permitted to introduce relevant and admissible evidence produced in the civil suit filed on behalf of the complainant.