e-Journal Summary

e-Journal Number : 76756
Opinion Date : 12/22/2021
e-Journal Date : 01/05/2022
Court : Michigan Supreme Court
Case Name : People v. Hulbert
Practice Area(s) : Criminal Law
Judge(s) : McCormack, Zahra, Viviano, Bernstein, Clement, Cavanagh, and Welch
Full PDF Opinion
Issues:

Shackling; Ineffective assistance of counsel; Remand for an evidentiary hearing

Summary

In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals judgment (see e-Journal # 75085 in the 4/8/21 edition) and remanded the case to the trial court for an evidentiary hearing as to whether (1) the trial court properly considered defendant’s request to remove his “shackles at trial; (2) the physical restraints were visible to any jurors; and (3) the defendant’s trial counsel rendered constitutionally ineffective assistance by failing to object to the admission of the entire body camera video, failing to make an effective challenge to a juror who had previously experienced domestic violence, and failing to make a closing argument.”

Full PDF Opinion