Order Michigan Supreme Court
Lansing, Michigan
October 27, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153324 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153324
COA: 321487
Wayne CC: 10-006891-FC
RODERICK LOUIS PIPPEN,
Defendant-Appellant.
_________________________________________/
On October 12, 2017, the Court heard oral argument on the application for leave to
appeal the January 14, 2016 judgment of the Court of Appeals. On order of the Court,
the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to
appeal, we REVERSE that part of the Court of Appeals judgment holding that the
defendant’s trial counsel’s performance was objectively reasonable. Defense counsel
failed to interview a witness who may have had information concerning his client’s
innocence prior to trial. The witness gave exculpatory statements to the defense
investigator, and defense counsel was aware the witness spoke with the investigator.
Failure to investigate such a witness is not a strategic decision entitled to deference. See
Wiggins v Smith, 539 US 510; 123 S Ct 2527; 156 L Ed 2d 471 (2003); and Towns v
Smith, 395 F3d 251 (CA 6, 2005). We also VACATE that part of the Court of Appeals
judgment holding that the defendant was not prejudiced by defense counsel’s
performance, and we REMAND this case to the Wayne Circuit Court for a determination
whether, considering the totality of the evidence presented, there is a reasonable
probability that the outcome of the trial was affected. See Strickland v Washington, 466
US 668; 104 S Ct 2052; 80 L Ed 2d 674 (1984).
We do not retain jurisdiction.
WILDER, J., did not participate because he was on the Court of Appeals panel.
I, Larry S. Royster, 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.
October 27, 2017
s1024
Clerk