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153309 - People v Andrew Maurice Randolph

The People of the State of Michigan,
 
Michael Tesner
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Genesee – Neithercut, G.)
 
Andrew Maurice Randolph,
 
Michael L. Middlestat
 
Defendant-Appellant.
 

Summary

A jury convicted defendant of second-degree murder and weapons charges for the fatal shooting of his girlfriend’s mother. On appeal, defendant raises several issues, including claims that two police officers who had not performed a gunshot residue test on defendant’s hands should have been precluded from testifying that the result of the test was positive, and that defendant’s trial attorney rendered ineffective assistance by failing to object to the testimony. The Court of Appeals affirmed defendant’s convictions in an unpublished per curiam opinion. The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address: (1) whether a defendant’s failure to demonstrate plain unpreserved error precludes a finding of ineffective assistance of trial counsel; and, in particular, (2) whether the prejudice standard under the third prong of the plain error test, People v Carines, 460 Mich 750, 763-764 (1999) ("affecting substantial rights"), is the same as the prejudice standard in Strickland v Washington, 466 US 668, 694 (1984) ("reasonable probability" of a different outcome). See United States v Dominguez Benitez, 542 US 74, 83 (2004); People v Fackelman, 489 Mich 515, 537 n 16 (2011); People v Kowalski, 489 Mich 488, 510 n 38 (2011).