Ineffective assistance of counsel; Advice not to testify; Strickland v Washington; Trial strategy; People v Trakhtenberg; Common-law self-defense; People v Dupree; Credibility findings; People v Johnson; Prejudice

The court held that defendant was not denied the effective assistance of counsel where trial counsel advised him not to testify in support of a self-defense theory. Defendant was convicted of first-degree murder, AWIM, FIP, and felony-firearm after he shot four people outside his townhouse, killing three. After a Ginther hearing, the trial court credited trial counsel’s testimony that defendant had told him a different version of events than the one defendant later gave, and the trial court gave “no weight or credibility” to defendant’s testimony because it was contradicted by prior statements, physical evidence, and eyewitness testimony. On appeal, the court held that this credibility determination was not erroneous because defendant’s statements changed over time, including whether he was sober, whether he personally saw a gun being passed around, and whether a victim pointed a gun at him. The court next held that counsel’s advice not to testify was reasonable trial strategy because defendant’s testimony would have opened the door to impeachment with inconsistent statements to police and mental-health professionals. Although defendant’s testimony might have strengthened self-defense, it also carried serious risks, including undermining whether his belief of imminent danger was reasonable. The court further held that defendant could not show prejudice because strong physical and eyewitness evidence showed that only defendant’s gun fired the recovered bullets and shell casings, and another gun was found still in a victim’s holster. Affirmed.