Ineffective assistance of counsel for failing to object to statements about defendant’s “jail history”; People v Wallen; Trial strategy; Prejudice; Confidential informant (CI)

The court held that the trial court did not err by finding defendant was not denied the effective assistance of counsel. He was convicted of delivery of meth after selling meth to two CIs, who testified that one of them knew defendant beforehand because he “did a little time” with him. Defense counsel did not object. The trial court denied his motion for a new trial. On appeal, the court rejected his argument that his trial counsel was ineffective for failing to object to the statements about his “jail history.” The CIs’ “inadvertent, vague, nonspecific references to defendant being in jail did not unduly prejudice defendant.” This was “particularly true in light of the other evidence presented at trial, which was more than sufficient to support defendant’s convictions.” Defendant failed to show “that, had counsel objected, the result of the proceedings would have been different.” Affirmed.