People v. Brown
People v. Brown
Opinion of the Court
Following a jury trial, defendant was convicted of attempted unauthorized driving away of a motor vehicle, MCL 750.413; MSA 28.645; MCL 750.92; MSA 28.287. He appeals as of right.
Defendant first contends that the trial court erred so as to require reversal in denying his codefendant’s counsel’s request to ask prospective jurors during voir dire "if they were to vote now how they would decide.” Defendant should have stated on the record that he joined in the request in order to preserve the issue for appeal. However, in reviewing the substance of the issue, we conclude that reversal is not required.
The scope of voir dire examination of prospective jurors is within the discretion of the trial judge and his decision will not be set aside absent an abuse of that discretion. People v Harrell, 398
Defendant also contends that he did not receive effective assistance of counsel because his trial counsel failed to timely move to exclude evidence of defendant’s prior convictions, failed to make any substantive opening statement, failed to make any substantive closing statement, allowed his client to take the witness stand with no preparation, and absented himself during final jury instructions. To the extent defendant’s claim depends on facts not of record, it is incumbent on him to make a testimonial record at the trial court in connection with a motion for a new trial which evidentially supports his claim and which excludes hypotheses consistent with the view that his trial lawyer represented him adequately. People v Ginther, 390 Mich 436, 443; 212 NW2d 922 (1973); People v Lawson, 124 Mich App 371, 373; 335 NW2d 43 (1983). Since defendant failed to move for a new trial or an evidentiary hearing on his claims of ineffective assistance of counsel and since such a hearing would be necessary with respect to the first four claims, this Court is unable to review those claims. Defendant may wish to request a Ginther hearing below.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.