People v. Toma

I disagree with the majority’s conclusion that defendant was not deprived of effective assistance of counsel. Moreover, the trial court committed constitutional error by permitting the forensic examiner to testify for purposes of impeachment, in violation of MCL 768.20a(5); MSA 28.1043(1)(5). This error does not survive harmless error review. Therefore, I would affirm the Court of Appeals decision reversing the defendant’s convictions on both grounds.

i. ineffective assistance of trial counsel

The denial of effective assistance of counsel violates a defendant’s Sixth Amendment right to a fair…