People v. Reed

A jury convicted defendant of first-degree felony murder and assault with intent to commit armed robbery. The Court of Appeals reversed the convictions, holding that the trial court had an obliga*687tion to give a cautionary instruction sua sponte regarding accomplice testimony pursuant to People v McCoy, 392 Mich 231, 240; 220 NW2d 456 (1974). The Court further held that the failure of defendant’s attorney to request the instruction constituted ineffective assistance of counsel. We reverse and hold in this case that a cautionary instruction on accomplice testimony should not have been given when…