Controlled substance possession; MCL 333.7403; People v Armstrong; Carrying a concealed weapon in a vehicle; MCL 750.227; People v White; Ineffective assistance of counsel

The court held that defendant failed to show that his lawyer’s performance fell below an objective standard of reasonableness or that any alleged errors undermined confidence in the outcome. Defendant was a passenger in a vehicle stopped by police, where an officer recognized him, believed he was under the influence, and discovered cocaine on his person and a loaded pistol on the seat he had occupied. Defendant testified that he acted under duress because the driver pointed a gun at him and forced him to hide both the gun and narcotics. The jury rejected this defense and convicted him. On appeal, the court held that counsel reasonably declined to elicit cumulative testimony from the officer, noting the officer already stated that felons commonly “push” firearms onto others. The court also found that decisions regarding closing argument were strategic because “focusing on a small number of key points may be more persuasive than a shotgun approach.” It further held that counsel reasonably avoided introducing body-camera footage that contradicted defendant’s testimony, and that excluding statements by passengers or the driver avoided prejudicial inferences that could weaken the duress theory. The court also found no prejudice because the omitted evidence was cumulative or potentially harmful to the defense. Affirmed.