PEOPLE OF MI V KELLIE STOCK

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V KELLIE STOCK
Docket No. 381874
LC No. 17-003509-01-FC
Philip P. Mariani
Presiding Judge
Christopher M. Murray
Brock A. Swartzle
Judges
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED because defendant has failed to
establish that the trial court erred in denying the motion for relief from judgment. When the trial court
denied defendant’s motion for a new trial in 2018, the state of the law at that point in time was that a
defendant raising a claim of ineffective assistance of counsel premised on the failure to call witnesses
would have to demonstrate that the failure deprived the defendant of a substantial defense. See, e.g.,
People v Jackson (On Reconsideration), 313 Mich App 409, 432; 884 NW2d 297 (2015). However, in
People v Jurewicz, 506 Mich 914 (2020), the Supreme Court held that a defendant is not required to make
such a showing, and that a claim of ineffective assistance of counsel premised on the failure to call
witnesses is subject to the “same standard as all other claims of ineffective assistance of counsel,” meaning
that a defendant must show that trial counsel’s performance was deficient and that but for that deficient
performance, there is a reasonable probability of a different outcome. To the extent the trial court’s
challenged order implies that the “substantial defense” requirement must still be met, the trial court erred.
However, defendant nonetheless failed to demonstrate entitlement to relief from judgment, as she has not
demonstrated that trial counsel’s performance was deficient or that, but for any alleged deficient
performance by counsel, there is a reasonable probability of a different result. Defendant also failed to
demonstrate that appellate counsel was ineffective for failing to raise any such issue on appeal.
Accordingly, the trial court reached the correct result by denying the motion for relief from judgment.
_______________________________
Presiding Judge
October 9, 2026

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