Michigan Supreme Court

People of Michigan v. Leo Duwayne Ackley

June 29, 2015497 Mich. 381

Summary

The court held that trial counsel provided constitutionally ineffective assistance by failing to investigate or attempt to secure a suitable expert to support the defense theory that the child’s death resulted from an accidental fall and to challenge the prosecution’s medical experts. Because expert testimony was central to the prosecution’s circumstantial case and a qualified defense expert was available, the court found both deficient performance and a reasonable probability of a different result. The court reversed the Court of Appeals, vacated the convictions, and remanded for further proceedings.