Opinion
SC 164923 COA 357202
06-02-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. KEVIN THOMAS McCOLLUM, Defendant-Appellee.
Oakland CC: 2016-259142-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the August 25, 2022 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
ZAHRA, J., would grant leave to appeal.
VIVIANO, J. (dissenting).
I believe the prosecution has made a persuasive argument that trial counsel's stipulation to the admission of the video of the complainant's CARE House interview was consistent with sound trial strategy. See Strickland v Washington, 466 U.S. 668, 689 (1984) (explaining that "a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance"). That defense counsel's trial strategy was ultimately unsuccessful does not automatically render his assistance ineffective. See People v Kevorkian, 248 Mich.App. 373, 414-415 (2002). I would therefore grant leave to appeal.