People of Michigan v. Richard Rankin Armstrong

Summary

The Michigan Supreme Court held that trial counsel's failure to pursue admission of cell phone records contradicting the complainant's testimony was constitutionally ineffective assistance that prejudiced defendant, entitling him to a new trial on two counts of third-degree criminal sexual conduct. Rejecting the Court of Appeals' contrary no-prejudice conclusion as clearly erroneous, the Court reasoned that the records offered documentary proof that the complainant lied to the jury about contacting defendant after the alleged rapes—proof more damaging than the inconclusive prior-impeachment evidence—and that a reasonable probability exists the records would have tipped the scales toward reasonable doubt. The Court reversed the judgment of the Court of Appeals and remanded to the Otsego Circuit Court for a new trial. The remaining six justices concurred in full with Zahra, J.; no separate opinions were filed.