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153697 - People v Jose L Garcia-Mandujano

The People of the State of Michigan,
 
Eric R. Jenkins
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Van Buren – Brickley, K.)
 
Jose L. Garcia-Mandujano,
 
John T. Burhans
 
Defendant-Appellant.
 

Summary

Defendant Jose Garcia-Mandujano was convicted by a jury of first-degree criminal sexual conduct for engaging in a sexual act with a 12-year-old girl. Defendant moved for a new trial, arguing, among other claims, several grounds of ineffective assistance of trial counsel. In particular, defendant argued that his trial counsel was ineffective for failing to interview the physician’s assistant who examined the complainant after she made the allegations against defendant. At trial, the physician’s assistant had testified about her physical findings during examination of the complainant that were consistent with the allegations. However, those physical findings were not mentioned in the physician’s assistant’s written report. Following an evidentiary hearing, the trial court denied the motion for new trial. The Court of Appeals affirmed. The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address whether he was denied the effective assistance of trial counsel where (1) counsel failed to interview the physician’s assistant who examined the complainant prior to trial; and (2) counsel failed to impeach the physician’s assistant’s testimony.