Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JEFFERY WAYNE MOORE, Defendant-Appellant.

UNPUBLISHED November 19, 1996

No. 189318 LC No. 94-001289-FC

Before: Bandstra, P.J., and Neff and M. E. Dodge,* JJ. PER CURIAM. Defendant appeals as of right from his jury trial conviction of second-degree murder, MCL 750.317; MSA 28.549. Defendant subsequently pleaded guilty to being a third habitual offender, MCL 769.11; MSA 28.1083. Defendant was sentenced to thirty to fifty years on the second-degree murder conviction; however, that sentence was vacated, and defendant was then sentenced to fifty to seventy five years on the third habitual offender conviction. We affirm. I Defendant's first issue on appeal is that he was denied effective assistance of counsel because of his attorney's failure to move for a Walker1 hearing to determine the voluntariness of defendant's confession. We disagree. A Defendant submitted a motion for ineffective assistance of counsel but failed to move for a new trial, nor was a Ginther2 hearing held. Therefore, this Court's review is limited to the extent to which counsel's claimed mistakes are apparent on the record. People v Nantelle, 215 Mich App 77, 87; 544 NW 2d 667 (1996).

* Circuit judge, sitting on the Court of Appeals by assignment. -1

Effective assistance of counsel is presumed, and to establish that the right to effective assistance of counsel was so undermined that it justifies reversal of an otherwise valid conviction, a defendant must show: (1) that counsel's performance was deficient, falling below an objective standard of reasonableness, and (2) that the representation so prejudiced the defendant as to deprive him of a fair trial. Id. B The right against self-incrimination is guaranteed by both the United States and the Michigan Constitutions. US Const, Am V; Const 1963, art 1,

Download PEOPLE OF MI V JEFFERY WAYNE MOORE.pdf

Michigan Law