Opinion
357158
08-23-2021
People of Michigan v. Leon Lamon Johnson
LC No. 18-001965-01-FC
Thomas C. Cameron, Anica Letica JudgesORDER
Kirsten Frank Kelly, Presiding Judge
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the motion for relief from judgment. We note, however, that the line of authority that previously stood for the premise that the failure to call witnesses only amounts to ineffective assistance of counsel where a defendant is deprived of a substantial defense has been overruled. See People v Jurewcz, 506 Mich. 914 (2020). The trial court also misquoted this Court's opinion in People v Bohm, 49 Mich.App. 244, 260; 212 N.W.2d 61 (1973). In Bohm, this Court stated, "The rule that a defendant is entitled to effective assistance of counsel does not mean that the defendant is entitled to the effective assistance of counsel to the degree that he is assured of a successful defense and acquittal." Id. (emphasis added.) Despite these errors, however, the trial court did not err in denying the motion for relief from judgment.