Order Michigan Supreme Court
Lansing, Michigan
May 9, 2012 Robert P. Young, Jr.,
Chief Justice
144298 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 144298
COA: 292470
Wayne CC: 02-006678-FH
STANLEY JEROME BROWN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 27, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals and REMAND this case to the Wayne Circuit Court for a new trial. The trial
court erred in concluding that the defendant received the effective assistance of trial
counsel. Counsel was ineffective for failing to specifically request the National Counsel
on Alcoholism and Drug Dependence staff activity logs before trial, as those logs
supported the defendant’s claim that he did not have as many individual counseling
sessions with the complainants as they alleged. Trial counsel was also ineffective for
failing to effectively cross-examine the sole complainant (the “complainant”) whose
testimony resulted in the defendant’s convictions. Counsel failed to point out any of the
inconsistencies in the complainant’s trial testimony, and also failed to develop the point
that her trial testimony was inconsistent in some respects with her preliminary
examination testimony and with her initial statement to the police. Because the
defendant’s former appellate counsel was ineffective for failing to raise these issues on
the defendant’s direct appeal, and the defendant was prejudiced thereby, he has met the
burden of establishing entitlement to relief under MCR 6.508(D). On retrial, the
defendant should be permitted to introduce relevant and admissible evidence produced in
the civil suit filed on behalf of the complainant.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 9, 2012 _________________________________________
h0502 Clerk