PEOPLE v. TRAKHTENBERG

Docket No. 143386. Calendar No. 2.

826 N.W.2d 136 (2012)

493 Mich. 38

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jacob TRAKHTENBERG, Defendant-Appellant.

Supreme Court of Michigan.

Decided December 21, 2012.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. bursch , Solicitor General, Jessica R. Cooper , Prosecuting Attorney, Thomas R. Grden , Appellate Division Chief, and Matthew A. Fillmore , Assistant Prosecuting Attorney, for the people.

Robyn B. Frankel , for defendant.


Opinion

MICHAEL F. CAVANAGH, J.

This case requires us to determine whether collateral estoppel may be applied to preclude review of a criminal defendant's claim of ineffective assistance of counsel when a prior civil judgment held that defense counsel's performance did not amount to malpractice. We hold that collateral estoppel may not be applied in these circumstances because defendant did not have a full and fair opportunity to litigate his ineffective...

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