People v. Clark

I agree with the lead opinion that a new trial is warranted. I write separately because I disagree that the error here is based solely on any failure to comply with MCR 6.414(F).1 Rather, I conclude that a new *596trial is necessary on the basis of the trial court’s mistake in giving the original instruction despite the fact that defense counsel relied on the modified version in his closing argument, which in turn compromised defense counsel’s ability to effectively represent defendant.2 As a consequence of the trial court’s mistake, the court effectively denied defense counsel the ability to…