How Bad Lawerying Can Affect Your Rights

How Bad Lawyering Can Get Your Conviction Overturned: Michigan Appeals Court Cracks Down on Ineffective Counsel
By Luke

When you’re accused of a crime in Michigan, your constitutional right to an attorney doesn’t just mean you get any lawyer — it means you have the right to effective representation. And in the past year, the Michigan Court of Appeals has made it increasingly clear: if your trial attorney failed to investigate critical facts, call helpful witnesses, or object to obvious errors, you may be entitled to a new trial.

Here’s a look at a few recent decisions where defendants won relief because their lawyers failed to do the bare minimum.

1. Failure to Call Key Witnesses = Ineffective Assistance

In People v Lindsey, Mich App ; 2024 WL 10379211 (May 28, 2024) (unpublished), the Court of Appeals granted a new trial where the defense attorney failed to call two eyewitnesses who would have contradicted the prosecution's identification testimony.

“Trial counsel’s failure to investigate or present testimony from witnesses who were known to have exculpatory information constituted constitutionally deficient performance.” – Lindsey, at *5.

The Court emphasized that under Strickland v Washington, 466 US 668 (1984), a defense lawyer has a duty to investigate and present potentially exculpatory evidence — and when that doesn’t happen, it undermines the reliability of the trial.

2. Not Objecting to Clearly Improper Statements? That’s On the Lawyer

In People v Worthington, Mich App ; 2024 WL 8844727 (Apr 11, 2024) (unpublished), the prosecutor repeatedly implied that the defendant had a burden to prove his innocence. Defense counsel didn’t object — and the jury convicted.

“The failure to object to improper burden-shifting arguments... fell below an objective standard of reasonableness and prejudiced the defendant’s right to a fair trial.” – Worthington, at *3.

This case shows that appellate courts in Michigan are scrutinizing not just what defense attorneys do — but what they fail to do when prosecutors push the envelope at trial.

3. Not Investigating a Defensible Mental Health Claim Can Be Fatal

In People v Carter, Mich App ; 2025 WL 1931573 (Feb 20, 2025) (unpublished), the defendant had a long history of mental illness, but trial counsel never sought a competency evaluation or pursued an insanity defense, even though the court file included multiple references to psychiatric hospitalizations.

“Failing to investigate defendant’s mental state or request a forensic evaluation where red flags were present constituted ineffective assistance of counsel.” – Carter, at *4.

The Court reversed the conviction and remanded for a Ginther hearing to determine whether defense counsel’s failure prejudiced the outcome.

Takeaway: Not All Convictions Are Final

If you were convicted of a crime and believe your lawyer failed you, Michigan law gives you a pathway to challenge that conviction. These cases remind us that effective representation is a constitutional guarantee — not a luxury.

Whether your lawyer missed a key witness, failed to object, or ignored obvious mental health defenses, you may have grounds to file a motion for relief or pursue a direct appeal. But time is critical — most claims must be raised promptly under Michigan Court Rules and statutes.