Michigan Supreme Court

People of Michigan v. Jeremiah James Leffew

January 26, 2022

Summary

The Michigan Supreme Court held that the common-law defense of others was available to defendants charged with home invasion and felonious assault when supported by the facts, including where the defense justified otherwise nonassaultive conduct. Because both defense attorneys presented a defense-of-others theory but failed to request the corresponding jury instruction, their performance was deficient and prejudicial under the applicable ineffective-assistance standard. The Court reversed the Court of Appeals and remanded for a new trial for both defendants.