PEOPLE OF MI V JAMES DAVID LOYD
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 9, 1998
Plaintiff-Appellee,
v
No. 194107
Recorder’s Court
LC No. 95-006631
JAMES DAVID LOYD,
Defendant-Appellant.
Before: Bandstra, P.J., and Cavanagh and Markman, JJ.
PER CURIAM.
Defendant appeals as of right from his bench trial conviction for second-degree murder, MCL
750.317; MSA 28.549. Defendant was sentenced to twenty to forty years in prison pursuant to the
fourth habitual offender statute, MCL 769.12; MSA 28.1084. We affirm.
Defendant first argues that he was denied his constitutional right to effective assistance of
counsel because his trial counsel failed to pursue an insanity or diminished capacity defense. We
disagree. Defendant failed to demonstrate that his counsel’s performance “was below an objective
standard of reasonableness under prevailing professional norms” and that there was “a reasonable
probability that, but for counsel's error, the result of the proceeding would have been different.” People
v Stanaway, 446 Mich 643, 687-688; 521 NW2d 557 (1994). Counsel’s decision to present the
accident theory of defense instead of an insanity or diminished capacity defense was a matter of trial
strategy, People v Mitchell, 454 Mich 145, 163; 560 NW2d 600 (1997), and this Court will not
substitute its judgment for that of counsel regarding such matters, People v Stewart (On Remand), 219
Mich App 38, 42; 555 NW2d 715 (1996); People v Barnett, 163 Mich App 331, 338; 414 NW2d
378 (1987). Counsel’s selection was a wise one given that two experts reported that they did not find
defendant to be insane or acting in a diminished capacity at the time of this incident. Defense counsel
would have certainly lost if she pursued these defenses and was not ineffective for failing to present a
defense with scant chance of success. See People v Gist, 188 Mich App 610, 613; 470 NW2d 475
(1991) (counsel is not ineffective for failing to argue a frivolous or meritless motion).
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Further, counsel was not ineffective because her accident theory of defense failed to result in
acquittal. Stewart, supra; Barnett, supra. Counsel testified that defendant had previously given her
different theories of what occurred, so that she could not be certain of how he would testify. Defense
counsel chose a wise theory, and it was not her fault if this theory conflicted with the version of events
defendant testified to at trial. Defendant was convicted of a reduced charge and received a light
sentence, especially given that this was his fourth felony conviction. Therefore, defendant failed to
demonstrate that he was prejudiced by his counsel’s choice of trial strategy, and in fact, as attested to
by the trial court, he was apparently benefited by her competent representation.
Defendant next argues that the trial court improperly admitted his statement to the police
because the statement was not voluntary due to his poor state of mind. We disagree. The trial court
did not err by admitting defendant’s statement because it was not a confession of guilt, and therefore did
not require a determination of its voluntariness. People v Gist, 190 Mich App 670, 671; 476 NW2d
485 (1991). The statement supported trial counsel’s theory that the fire was an accident and did not
constitute an admission that defendant committed murder. There was also no evidence on the record
that defendant’s statement was involuntary. At trial, the investigating officer testified that defendant was
advised of his constitutional rights, voluntarily told him what had occurred, and agreed to prepare a
written statement in his own handwriting and his own words. The officer also testified that he did not
smell any intoxicants on defendant and that defendant seemed alert and oriented to the questions posed
to him. Defendant’s assertions on appeal that he was under the influence of alcohol, illicit drugs, or
prescription medication when his statement was taken the day after the incident are not supported by
the record. Further, there is no evidence that defendant’s level of intelligence or mental condition
prevented him from providing a voluntary statement, particularly in light of the contrary evidence that
defendant was lucid during the interview and was able to give a detailed account of events. Even if the
admission of the statement was erroneous, it would be harmless error because defendant’s statement
that an accident occurred could not have contributed to his conviction for second-degree murder. See
People v Anderson (After Remand), 446 Mich 392, 405-407; 521 NW2d 538 (1994).
We affirm.
/s/ Richard A. Bandstra
/s/ Mark J. Cavanagh
/s/ Stephen J. Markman
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