People v. Shier, 184811

• Decision Date: 21 December 1998
• Docket Number: No. 184811,184811
• Parties: People v. Robert L. Shier, Jr., Jane Thurston NO. 110962. COA
• Court: Michigan Supreme Court

Page 777

589 N.W.2d 777

People v. Robert L. Shier, Jr., Jane Thurston

NO. 110962. COA No. 184811.

Supreme Court of Michigan

December 21, 1998

Prior Report: 226 Mich.App. 205, 574 N.W.2d 374.

Disposition: Motions for immediate consideration and to file amici curiae briefs are GRANTED. Application for leave to appeal is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for the reason that we have concluded that, under the circumstances of this case, a finding of contempt was not required. The motions to dismiss, to strike, and for sanctions are DENIED.

BOYLE, J., dissents and states as follows:

I would vacate the judgment of the Court of Appeals with regard to the "no sex" statement and otherwise affirm the Court's finding. Allegations of ineffective assistance of counsel assert that a member of the profession violated the constitution and the Code of Professional Responsibility. The doctrine of zealous advocacy does not excuse the responsibility to make such representation to a tribunal only when the lawyer knows the factual basis for the assertion is true or believes it to be true based on diligent inquiry. I would affirm in part and reverse in part and remand the case to the Court of Appeals for reassignment to a new panel and reassessment of the sanction to be imposed.

WEAVER, J., concurs in the statement of Justice BOYLE.

TAYLOR, J., not participating.