Opinion
SC: 153324 COA: 321487
10-27-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Roderick Louis PIPPEN, Defendant–Appellant.
Order
On October 12, 2017, the Court heard oral argument on the application for leave to appeal the January 14, 2016 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment holding that the defendant's trial counsel's performance was objectively reasonable. Defense counsel failed to interview a witness who may have had information concerning his client's innocence prior to trial. The witness gave exculpatory statements to the defense investigator, and defense counsel was aware the witness spoke with the investigator. Failure to investigate such a witness is not a strategic decision entitled to deference. See Wiggins v. Smith , 539 U.S. 510, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003) ; and Towns v. Smith , 395 F.3d 251 (C.A. 6, 2005). We also VACATE that part of the Court of Appeals judgment holding that the defendant was not prejudiced by defense counsel's performance, and we REMAND this case to the Wayne Circuit Court for a determination whether, considering the totality of the evidence presented, there is a reasonable probability that the outcome of the trial was affected. See Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
We do not retain jurisdiction.
Wilder, J., did not participate because he was on the Court of Appeals panel.