PEOPLE OF MI V DAVID ALLEN PALMER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 14, 2010
Plaintiff-Appellee,
v
No. 288869
Clinton Circuit Court
LC No. 08-008294-FH
DAVID ALLEN PALMER,
Defendant-Appellant.
Before: Cavanagh, P.J., and Fitzgerald and Shapiro, JJ.
SHAPIRO, J. (concurring).
I concur, but with a somewhat different view on the effective assistance of counsel issue.
The majority concludes that defense counsel’s stipulation to admit the fact of defendant’s prior
convictions, in exchange for the prosecutor’s agreement not to call the previous stalking victim
as a witness, was proper as the prior convictions were admissible under MRE 404(b). I do not
think we need to determine the merits of the MRE 404(b) issue, and would instead conclude that
the defense attorney’s decision to compromise on this issue rather than risk having the trial court
allow the prior victim to testify was a reasonable trial tactic which we should not second guess.
People v Odom, 276 Mich App 407, 415; 740 NW2d 557 (2007). In all other respects, I join
with the majority’s analysis.
/s/ Douglas B. Shapiro
-1-
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