PEOPLE OF MI V LONNIE REU CASH
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 3, 2002
Plaintiff-Appellee,
v
No. 230526
Wayne Circuit Court
LC No. 99-012607
LONNIE REU CASH,
Defendant-Appellant.
Before: White, P.J., and Murphy and Fitzgerald, JJ.
WHITE, P.J. (concurring in part and dissenting in part).
I agree that defendant failed to show that he is entitled to a new trial based on newly
discovered evidence. I would, however, remand for a Ginther1 hearing on the ineffective
assistance of counsel issue.
It appears that counsel knew of the existence of Karen, the bar owner, but failed to
interview her. Counsel for co-defendant made an offer of proof at the conclusion of trial,
asserting that Karen would have testified that she was in the bar on the night of the incident and
that she observed a bulge in the waistband of the victim that she believed to be a gun. Defendant
denied having a gun and denied that co-defendant had a gun, and no one except the victim saw
defendant or codefendant with a gun. Defendant testified that the victim produced the gun.
I conclude that defendant has made a sufficient showing that counsel’s performance fell
below an objective standard of reasonableness and that but for counsel’s error, there existed a
reasonable probability that the result would have been different, People v Pickens, 446 Mich
298; 521 NW2d 797 (1994), to warrant remand for a Ginther hearing.
Lastly, while I agree that reversal for prosecutorial conduct is not warranted in this case
in light of defendant’s failure to object and the heated nature of the arguments, I conclude that
the prosecutor’s references to counsel as a “trickster” and a “smiler” were inappropriate under
any circumstances.
/s/ Helene N. White
1
People v Ginther, 390 Mich 436; 212 NW2d 922 (1973).
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