PEOPLE OF MI V GLENN ANTHONY DAVIS

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V GLENN ANTHONY DAVIS
Docket No. 379851
LC No. 23-000517-FC
Randy J. Wallace
Presiding Judge
Michelle M. Rick
Allie Greenleaf Maldonado
Judges
The “motion to accept delayed application for leave to appeal as timely filed or accept defect
correction letter as statement explaining delay” is GRANTED to the extent that defendant’s March 12, 2026
defect correction letter is accepted as his statement of delay.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal,
the February 18, 2026 order is REVERSED. The trial court abused its discretion by holding that the
testimony of defendants’ experts was not relevant to any issue to be decided at the Ginther hearing. In order
to be entitled to a new trial on the basis of ineffective assistance of counsel, a defendant must show that
counsel’s performance fell below an objective standard of reasonableness and that, but for counsel’s
deficient performance, there is a reasonable probability that the result of the trial would have been different.
People v Armstrong, 490 Mich 281, 290; 806 NW2d 676 (2011). Defendant can only show that he was
prejudiced by defense counsel’s alleged failure to consult with or call experts if he can make a factual record
regarding what the experts would have told counsel and testified to at trial. Accordingly, the testimony of
defendants’ experts, if it satisfies the requirements of MRE 702, would assist the trial court in deciding a
fact in issue.
This order is to have immediate effect. MCR 7.215(F)(2).
We do not retain jurisdiction.
_______________________________
Presiding Judge
July 10, 2026

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