Michigan Court of Appeals Opinion – Ineffective Counsel

Concerns:

• Ineffective assistance of counsel
• Failure to move to dismiss a reckless-driving causing death charge
• The Motor Vehicle Act (MVA) MCL 257.626(4)
• Whether careless maintenance can satisfy the elements of reckless operation & operation causing death Willful & wanton “manner”MCL 257.626(2)
• Fair notice
• Prejudice

Summary:

Under the reckless driving statute the court held that defendant-Otto was denied effective assistance of counsel because defense counsel failed to move to dismiss the reckless-driving causing death charge when the facts here—”failing to maintain a vehicle and then operating the poorly maintained vehicle—cannot support a conviction under MCL 257.626(4).” 

The court vacated his conviction. “The prosecution’s theory was that Otto failed to maintain the truck he was driving and that failure made him criminally liable under MCL 257.626(4) when the truck’s brakes failed while he was driving it, causing a wreck that resulted in a child’s death.”

The court found that “counsel should have moved to quash or dismiss the defective charge, and such a motion would have been successful.” It determined that counsel “was objectively deficient, and the deficiency was outcome determinative.”

The court concluded that the “text and context of MCL 257.626(4), and more broadly the [MVA], do not support the boundless interpretation underpinning the prosecution’s theory and Otto’s conviction.” Thus, it vacated the conviction, concluding that to “hold otherwise would be to allow the prosecution—not the Legislature—to criminalize a wide array of commonplace conduct (such as failing to check your brakes, driving on old tires, and driving on empty) that the Legislature did not intend to outlaw.”

FAQ

What does Quash mean?

to say officially that something or an earlier decision, is no longer to be accepted: His conviction was quashed after his attorney argued that police evidence was all lies.

What is conviction vacated mean?

When a sentence is vacated: It legally annuls the conviction. Vacating a criminal sentence means removing that conviction from a person’s record. The record will then appear as if the person was never charged and convicted of a crime.

Why would a sentence be vacated?

Someone who has their conviction vacated are released from custody under certain conditions, such as a plea bargain being breached, proof of ineffective counsel, court bias, or another similar factor that might have impacted the outcome of the original trial.

Is vacating the same as dismissing?

‘Vacating’ or ‘setting aside’ is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or ‘no contest’ judgment).

‘Dismissing’ applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.

Does vacated mean innocent?

Winning the motion to vacate doesn’t mean that this is the end of the matter. The conviction or sentence is canceled as if it never existed, but the court doesn’t close your case. Instead, the prosecutor then decides whether to drop or pursue the original charges.

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