Collateral Estoppel

Michigan Supreme Court to Hear Ineffective Asssistance of Counsel Challenge

Today, the Michigan Supreme Court will hear oral arguments in People v Trakhtenberg, Supreme Court No. 143386. While this in many ways in a garden variety ineffective assistance of counsel challenge -- Ms. Frankel alleges that the defense counsel was ineffective in variety of ways. She is arguing that Mr. Trakhtenberg’s attorney failed to properly investigate the case or impeach a witness a witness (Liliya Tetarly) with evidence of bias.
The interesting question in this appeal is whether losing the civil suit somehow precludes Mr. Trakhtenberg from pursuing his criminal ineffective assistance of counsel claim. Ms. Frankel is trying to overturn fairly established law in this regard. Here is link to
her brief. Here is a link to the prosecutor’s brief.