Ineffective assistance of counsel; People v Ginther; Failure to call expert; People v Ackley; Sufficiency of the evidence; Felony murder; MCL 750.316(1)(b); Malice; People v Carines; Unlawful imprisonment; MCL 750.349b; People v Jarrell

The court held that defendant was not denied the effective assistance of counsel and that sufficient evidence supported his felony murder conviction. He was convicted of felony murder after the prosecution presented evidence that he beat the victim in a vehicle after a barn party, tried to remove blood from the rental car, burned the victim’s clothing, and later helped burn the victim’s body in an abandoned house. On appeal, the court first held that counsel was not ineffective for failing to call a forensic pathologist with toxicology expertise because counsel had consulted another forensic pathologist, contacted toxicologists, and the proposed expert’s own report acknowledged that “extreme heat and the significant degree of postmortem decomposition” complicated any overdose assessment. The court distinguished Ackley because the medical testimony was not “the only evidence against” defendant. The prosecution also presented evidence of beating, cleanup, concealment, and phone-location data. The court also held that counsel was not ineffective for failing to call a toxicologist as defendant’s own witness because the codefendant called her, the jury was free to consider her testimony as to both defendants, and defendant could not show a different outcome was probable. As to sufficiency, the court held that the jury could infer malice because defendant beat the victim, cleaned blood from the car, and burned evidence. The court further held that the jury could find unlawful imprisonment because defendant asked to put the victim in the trunk, the victim was stripped of clothing, and blood was found in the trunk, permitting an inference that defendant restrained the victim “to facilitate the commission of his murder.” Affirmed.