153324 - People v Roderick Louis Pippen
Attorney Information
The
People of the State of Michigan,
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Thomas M. Chambers
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Plaintiff-Appellee,
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(Appeal from Ct of Appeals)
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(Wayne – Kenny, T.)
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Roderick Louis Pippen,
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Katherine L. Marcuz
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Defendant-Appellant.
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Summary
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The defendant was arrested in 2008 after a
police officer observed him and another man (Michael Hudson) both throw guns
under a vehicle. It was later determined that the gun thrown by the defendant had
been used during a carjacking in which the victim was fatally shot. The defendant
was bound over to circuit court in 2010 on charges of first-degree felony
murder, felon in possession of a firearm, and felony-firearm, but the circuit
court granted his motion to dismiss the charges, finding that there was
insufficient evidence presented to support the bindover. In 2011, the Court of
Appeals reversed and remanded for further proceedings, concluding that the
evidence established probable cause to believe that the defendant committed the
charged crimes. The Supreme Court denied interlocutory appellate review. The
charges were reinstated and, at trial, a codefendant testified that he, the defendant,
Hudson, and a fourth man were together on the night in question and that he saw
the defendant shoot the victim. The jury found the defendant guilty of all
charges. On the defendant’s motion for a new trial, an evidentiary hearing was
held regarding his claim that appointed defense counsel rendered ineffective
representation by failing to call Hudson as a defense witness at trial. The trial court held that the defendant had
failed to establish that counsel was ineffective where the trial strategy not
to call Hudson was reasonable. The Court of Appeals affirmed. The Supreme Court
has directed oral argument to address whether the defendant was denied the
effective assistance of counsel based on trial counsel’s failure to adequately
investigate and present the testimony of a witness who was present at the time
of the alleged offense.