PEOPLE OF MI V WILLIAM BRANTLEY
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 2, 2000
Plaintiff-Appellee,
v
No. 211410
Wayne Circuit Court
Criminal Division
LC No. 97-501359
WILLIAM BRANTLEY,
Defendant-Appellant.
Before: Cavanagh, P.J., and Sawyer and Zahra, JJ.
PER CURIAM.
Defendant appeals as of right from his jury trial convictions of four counts of first-degree
criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a). Defendant was sentenced to
five to fifteen years’ imprisonment for each count. We affirm.
Defendant argues that he was denied the effective assistance of counsel for several reasons. In
order to preserve an ineffective assistance of counsel claim, a defendant must move for a new trial or an
evidentiary hearing. However, ineffective assistance of counsel claims can be reviewed despite a
defendant’s failure to bring a motion in this regard. In that instance, review is limited to the facts in the
record. People v Ginther, 390 Mich 436, 443; 212 NW2d 922 (1973); People v Hedelsky, 162
Mich App 382, 387; 412 NW2d 746 (1987). Defendant did not move for a new trial or a Ginther
hearing. This Court’s review will thus be limited to the facts in the record.
The right to counsel is fundamental because it is essential to a fair trial. Gideon v Wainwright,
372 US 335, 344; 83 S Ct 792; 9 L Ed 2d 799 (1963); People v Pubrat, 451 Mich 589, 593; 548
NW2d 595 (1996). The right to counsel is the right to effective assistance of counsel. Pubrat, supra,
451 Mich 594. Effective assistance of counsel is presumed. To overcome this presumption, this Court
must determine whether counsel’s performance was objectively unreasonable and whether defendant
was prejudiced by counsel’s defective performance. People v Mitchell, 454 Mich 145, 164; 560
NW2d 600 (1997); People v Rockey, 237 Mich App 74, 76; 601 NW2d 887 (1999). A defendant
can rebut this presumption by proving that his attorney’s representation was unreasonable under the
prevailing professional norms and that the challenged strategy was not sound strategy. Strickland v
Washington; 466 US 668, 687; 104 S Ct 2052; 80 L Ed 2d 674 (1984).
-1
Defendant first argues that his counsel was ineffective for failing to present evidence of
the victim’s sexual conduct with others, which would have shown her motive for falsely accusing
defendant and would have been admissible under the rape shield act. We disagree.
The rape shield act only allows admission of evidence of the victim’s past sexual conduct with
the actor or evidence of specific instances of sexual activity showing the source or origin of semen,
pregnancy or disease where the inflammatory or prejudicial value of the evidence does not outweigh its
probative value. MCL 750.520j; MSA 28.788(10). The rape shield act was designed to exclude
evidence of the victim’s sexual conduct with persons other than the defendant. People v Adair, 452
Mich 473, 480; 550 NW2d 505 (1996), citing People v Arenda, 416 Mich 1, 10-11; 330 NW2d
814 (1982). However, in certain limited circumstances, evidence of sexual activity with others may be
admissible for the narrow purpose of showing the complainant’s bias or ulterior motive for making a
false charge. People v Hackett, 421 Mich 338, 348; 365 NW2d 120 (1984); Parker v Byron
Center Bd of Ed, 229 Mich App 565, 576; 582 NW2d 859 (1998). In such cases, the defendant is
required to file a written motion and an offer of proof. If the offer of proof shows sufficient relevancy,
an in camera hearing may be granted to determine admissibility. MCL 750.520j; MSA 28.788(10);
People v Morse, 231 Mich App 424, 436; 586 NW2d 555 (1998).
Here, defendant did not move to present evidence of sexual activity with others by the victim
and did not make an offer of proof. Defendant argues that his counsel was ineffective for failing to do
so. However, there is no evidence on the record that the victim had sexual experiences with others and,
because defendant did not move for a Ginther hearing to determine why his counsel did not make a
motion for admission of this evidence, there is no way for this Court to know whether defense counsel
investigated the possibility of sexual activity with others and determined that there was no such activity.
Further, even in his brief on appeal, defendant does n detail how this information would be
ot
relevant. Although defendant argues that evidence of sexual activity with others is admissible to show
bias or ulterior motive, defendant does not allege that the victim was biased against defendant or what
her ulterior motive might have been. From the record, it is not apparent what her ulterior motive would
be. In fact, the prosecution elicited testimony from the victim that prior to this abuse she had enjoyed
visiting defendant and that her visits with defendant were her only opportunity to see her brother, with
whom she was close. In addition, defendant’s live-in girl friend testified that the victim told her that she
wanted to live with defendant.
Defense counsel did cross-examine the victim regarding her testimony that she told schoolmates
that she had lost her virginity to her short-term boyfriend, who was ten years old at the time of their
relationship. Defendant has not shown that the victim had sexual experiences with others, that the sexual
experiences with others would have been relevant and admissible had his counsel moved for their
admission, or that his counsel failed to investigate this possibility. Because defendant bears the burden
of proving that his counsel’s representation was unreasonable under prevailing professional norms and
defendant has not presented evidence that his attorney failed to investigate evidence, which may not
have existed, and would probably not have been admissible, defendant has not rebutted the
presumption of effective assistance of counsel. Strickland, supra, 466 US 687.
-2
Defendant next argues that his counsel was ineffective for failing to object to hearsay evidence
presented at trial. We disagree. Hearsay is a statement, other than one made by the declarant while
testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. MRE
801(c). The victim’s testimony that the girls were discussing “their first time” was not hearsay as it was
not offered to prove the truth of the matter asserted, that the girls were not virgins. Rather, the victim
was explaining an integral part of the events leading up to her disclosure of the abuse. Therefore, this
testimony was not hearsay. See People v Jones (On Rehearing After Remand), 228 Mich App 191,
205; 579 NW2d 82 (1998).
The victim’s comment that the girls looked at her, and asked her who she had lost her virginity
to, was not hearsay as it was a question and not an assertion. A statement is an oral or written
assertion, or non-verbal conduct of a person, if it is intended by the person as an assertion. MRE
801(a). Here, the girls were asking about the victim’s loss of virginity and were not asserting anything.
Similarly, the victim’s testimony that “one of the teachers had told my mother” was not hearsay as it was
not an assertion. The teacher was not asserting that the victim was not a virgin and the testimony was
not offered to prove that the victim was not a virgin, only that the victim had been discussing loss of
virginity with her peers. Further, the victim did not testify as to what the teacher told her mother, only
that the teacher had told her mother something which precipitated the victim’s disclosure of the abuse
and the victim testified that she had been talking to the girls about losing her virginity. This comment was
not intended by the teacher to be an assertion and was not offered to prove the truth of the matter
asserted; therefore, it was not hearsay. MRE 801(a).
The victim’s mother’s statement, that “ . . . one of her teachers stopped in the hallway to tell me
something about her and a girl were talking about how they had lost their virginity . . . ,” was not
hearsay as it was not offered to prove the truth of the matter asserted. MRE 801(c). The mother’s
testimony was intended as an explanation of why she asked the victim about sex and not to prove that
the victim actually had a conversation with a girl about virginity. Further, even if this statement was
hearsay, its admission was not error requiring reversal, as it came secondary to the victim’s testimony
that she was talking to girls about her first time and thus its admission did not result in a miscarriage of
justice. MCL 769.26; MSA 28.1096.
Additionally, even if these statements were hearsay, defense counsel’s failure to object to these
minor statements certainly did not affect the outcome of the trial. These statements were relevant
because they explained the chain of events leading up to the victim’s disclosure of the abuse and not
because the statements tended to make it more or less probable that defendant committed the charges.
MRE 401. Therefore, defense counsel was not ineffective for failing to object to the admission of these
statements. Mitchell, supra, 454 Mich 164.
Next, defendant argues that his trial counsel was ineffective for failing to adequately cross
examine the victim regarding inconsistencies in her testimony and details of the sexual assaults. We
disagree.
This Court will not substitute its judgment for that of counsel regarding matters of trial strategy,
nor will it assess counsel’s competence with the benefit of hindsight. People v Rice, 235 Mich App
-3
429, 435; 597 NW2d 843 (1999). Decisions regarding what evidence to present and whether to
question a witness are presumed to be matters of trial strategy. Rockey, supra, 237 Mich App 76. It
is entirely possible that defense counsel believed that he would alienate the jury by harshly cross
examining the victim regarding the times and dates of the abuse and the specific details, especially
because defendant is the victim’s father and the jury may have considered any rough treatment of the
victim as evidence that defendant did not care about his daughter. Defense counsel established through
defendant’s testimony that defendant was a loving father and that he did not have sex with his daughter
or French kiss her. Defense counsel’s choice to avoid questioning the victim regarding dates and times
of abuse and the details was trial strategy that this Court will not second-guess. Rice, supra, 235 Mich
App 435.
Defendant next argues that defense counsel was ineffective for failing to call three witnesses.
Again, we disagree.
Decisions as to whether to call a witness are presumed to be trial strategy. Mitchell, supra,
454 Mich 163. The failure to call a witness is only ineffective assistance of counsel where it deprives
defendant of a defense which would change the outcome of the trial. People v Hyland, 212 Mich App
701, 710; 538 NW2d 465 (1995). There is nothing on the record that would lead this writer to believe
that the witnesses could have testified in such a way that would have affected the outcome of the trial.
The victim testified that the first person she told about the abuse was her friend; any testimony by the
friend would have been inadmissible as hearsay. It is unclear what information the victim’s boyfriend
could have provided that would have affected the outcome of the trial; defendant does not provide any
indication as to what the boyfriend would have testified to or how his testimony would have been
relevant. Lastly, presumably the school teacher could only testify that she found out that the victim had
told others that she was not a virgin and that she informed the victim’s mother. This testimony would
not have affected the outcome of the trial.
Defense counsel’s performance did not fall below an objective standard of reasonableness or
prejudice defendant so as to affect the outcome of the trial. Defendant has failed to meet his burden to
rebut the presumption that defense counsel was effective.
Defendant also argues that the evidence presented was insufficient to sustain his first-degree
criminal sexual conduct convictions. We disagree.
In reviewing sufficiency of the evidence claims, this Court must determine if there was sufficient
evidence to justify a rational trier of fact in finding guilt beyond a reasonable doubt. In doing so, this
Court must view the evidence in a light most favorable to the prosecution. People v Johnson, 460
Mich 720, 722-723; 597 NW2d 73 (1999). “A person is guilty of criminal sexual conduct in the first
degree if he or she engages in sexual penetration with another person and if any of the following
circumstances exists: (a) that other person is under 13 years of age.” MCL 750.520b(1)(a); MSA
28.788(2)(1)(a).
In People v Smith, 205 Mich App 69, 71; 517 NW2d 255 (1994), the defendant was
charged with four counts of first-degree criminal sexual conduct in violation of MCL 750.520b(1)(a);
-4
MSA 28.788(2)(1)(a). This Court found sufficient evidence to convict where the victim, who was
under thirteen, testified that the defendant had performed fellatio on him on at least five different
occasions. In making this determination, the Court indicated that it did not matter that there was
conflicting evidence because there was evidence that the jury could choose to believe that would justify
conviction. Smith, supra, 205 Mich App 71.
Here, the victim testified that, when she was ten years old continuing until she was eleven years
old, defendant placed his penis inside her vagina on about fourteen to fifteen occasions. Viewing the
evidence in a light most favorable to the prosecution, there was sufficient evidence on which to convict
defendant as there was testimony that he sexually penetrated the victim, a person under thirteen, on
more than four occasions.
Defendant’s argument that the trial court’s comments during sentencing showed that the
evidence was insufficient is unpersuasive. If after reviewing the evidence, reasonable people could
differ, the question is properly left to the trier of fact. Mull v Equitable Life Assurance Society of the
United States, 196 Mich App 411, 421; 493 NW2d 447 (1992). Here, the jury was the trier of fact.
The trial court recognized this in stating the following: “They [the jury] chose to credit [the victim], who
had been impeached, I thought, on a number of different areas, but the jury has in fact spoken, and that
is something that we all have to live with an [sic] abide by.” Here, reasonable minds could have differed
and the trier of fact determined that defendant was guilty.
Affirmed.
/s/ Mark J. Cavanagh
/s/ David H. Sawyer
/s/ Brian K. Zahra
-5
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.