People v. O'Guin, Docket No. 6370

CourtCourt of Appeal of Michigan (US)
Writing for the CourtPER CURIAM
Citation26 Mich.App. 305,182 N.W.2d 103
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. William D. O'GUIN, Defendant-Appellant
Decision Date27 August 1970
Docket NumberDocket No. 6370,No. 1

Page 103

182 N.W.2d 103
26 Mich.App. 305
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
William D. O'GUIN, Defendant-Appellant.
Docket No. 6370.
Court of Appeals of Michigan, Division No. 1.
Aug. 27, 1970.
Released for Publication Jan. 5, 1971.

[26 Mich.App. 306] Sol E. Goldberg, Southfield, for defendant-appellant.

Page 104

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Luvenia D. Dockett, Asst. Pros. Atty., for plaintiff-appellee.

Before J. H. GILLIS, P.J., and LEVIN and BORRADAILE, * JJ.

PER CURIAM.

On June 28, 1965, defendant and a codefendant were convicted by a jury of murder in the first degree. M.C.L.A. § 750.316 (Stat.Ann.1954 Rev. § 28.548). The murder was allegedly committed in the perpetration of a robbery.

On appeal, defendant contends that he was denied effective representation of counsel because his appointed counsel was 'fresh out of law school.' The right to effective assistance of counsel does not necessarily mean successful assistance and the possibility that a different attorney could have obtained a better result does not imply that defendant did not have the effective assistance of counsel. People v. Degraffenreid (1969), 19 Mich.App. 702, 173 N.W.2d 317. * If the representation is 'only perfunctory, in bad faith, a sham, a pretense, or without adequate opportunity [26 Mich.App. 307] for conference and preparation' then it is not effective representation. People v. Higginbotham (1970), 21 Mich.App. 489, 175 N.W.2d 557. No such showing is made here. Competence or effectiveness of counsel cannot be measured by number of witnesses cross-examined and the number of objections made. People v. Lundberg (1961), 364 Mich. 596, 111 N.W.2d 809. In the same trial, very experienced counsel also saw his client convicted.

As for defendant's contention that his arrest was illegal,

'He pleaded not guilty, stood trial, and was convicted by a jury. He cannot now be heard to complain of the alleged illegality of his arrest.' People v. Gologonoff (1969), 6 Mich.App. 332, 334, 149 N.W.2d 201.

Defendant further contends that pre-trial publicity denied him a fair trial. In particular, defendant contends that the witnesses were influenced in their testimony, that the trial court erred in denying defendant's motion for a change of venue, and that the Voir dire examination failed to insure defendant of a trial by impartial jury.

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6 practice notes
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...783 (1968); Stinnett v. Commonwealth, 468 S.W.2d 784 (Ky.1971); State v. Crockett, 543 S.W.2d 314 (Mo.App.1976); People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970); State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 In People v. Blevins, 251 Ill. 381, 96 N.E. 214 (1911), the court ......
  • People v. Hughes, Docket No. 29408
    • United States
    • Court of Appeal of Michigan (US)
    • August 7, 1978
    ...People v. Wyskochil, 76 Mich.App. 468, 257 N.W.2d 126 (1977), People v. Moore, 51 Mich.App. 48, 214 N.W.2d 548 (1974), People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970), People v. Bloom, 15 Mich.App. 463, 166 N.W.2d 691 (1969), M.C.L. § 768.10; M.S.A. § 28.1033. We find no abuse of ......
  • O'Guin v. Foltz, No. 83-1166
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 7, 1983
    ...of M.C.L. § 750.316. A jury convicted O'Guin in 1965 and the Michigan Court of Appeals affirmed the conviction, People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970). In 1981, the defendant filed a delayed motion for a new trial and an evidentiary hearing in the trial court. These motio......
  • People v. Griffin, Docket No. 9007
    • United States
    • Court of Appeal of Michigan (US)
    • May 18, 1971
    ...have obtained a better result does not imply that defendant did not have the effective assistance of counsel.' People v. O'Guin (1970), 26 Mich.App. 305, 306, 182 N.W.2d 103, 104. Neither are we disposed to second guess trial counsel on questions of strategy. 1 People v. White (1970), 25 Mi......
  • Request a trial to view additional results
6 cases
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...783 (1968); Stinnett v. Commonwealth, 468 S.W.2d 784 (Ky.1971); State v. Crockett, 543 S.W.2d 314 (Mo.App.1976); People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970); State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 In People v. Blevins, 251 Ill. 381, 96 N.E. 214 (1911), the court ......
  • People v. Hughes, Docket No. 29408
    • United States
    • Court of Appeal of Michigan (US)
    • August 7, 1978
    ...People v. Wyskochil, 76 Mich.App. 468, 257 N.W.2d 126 (1977), People v. Moore, 51 Mich.App. 48, 214 N.W.2d 548 (1974), People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970), People v. Bloom, 15 Mich.App. 463, 166 N.W.2d 691 (1969), M.C.L. § 768.10; M.S.A. § 28.1033. We find no abuse of ......
  • O'Guin v. Foltz, No. 83-1166
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 7, 1983
    ...of M.C.L. § 750.316. A jury convicted O'Guin in 1965 and the Michigan Court of Appeals affirmed the conviction, People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970). In 1981, the defendant filed a delayed motion for a new trial and an evidentiary hearing in the trial court. These motio......
  • People v. Griffin, Docket No. 9007
    • United States
    • Court of Appeal of Michigan (US)
    • May 18, 1971
    ...have obtained a better result does not imply that defendant did not have the effective assistance of counsel.' People v. O'Guin (1970), 26 Mich.App. 305, 306, 182 N.W.2d 103, 104. Neither are we disposed to second guess trial counsel on questions of strategy. 1 People v. White (1970), 25 Mi......
  • Request a trial to view additional results

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