There is good news out of the Michigan Supreme Court, as it ruled last month that it was error to deny a defendant expert assistance for her post-conviction motion arguing ineffective assistance of and for a Ginther hearing. People v Ulp, SCt Case No. 15980 (9/25/19), http://publicdocs.courts.mi.gov/SCT/PUBLIC/ORDERS/159080_116_01.pdf. This was a medically complex SBS/AHT case, with a 14 month old child, with developmental delays and a drug addicted mother. The trial attorney did not get a number of important medical records and had no expert witnesses. Click on the attached to read the opinion and order.
The tide has really began to turn for these cases in Michigan. Finally. It has become very clear that our Supreme Court has very little tolerance for shaken baby syndrome/abusive head trauma cases, particularly those litigated by the defense without the assistance of experts.
Satawa Law. Defending your rights.