In People v Cooper, No. 318159, the Court of Appeals affirmed the jury’s decision to convict the defendant of first-degree home invasion, assault with intent to commit murder, and torture. Defendant, a 12th habitual offender, has been sentenced to spend the rest of his life in prison. The details of the home invasion and assault are, according to the Court of Appeals, among the worst it has seen. On appeal, the Defendant argued that his trial court was ineffective for pursuing questions with several witnesses which elicited testimony regarding defendant’s history of drug dealing, for failing to cross-examine one Government witness, and for failing to object to “prosecutorial misconduct”. The Court of Appeals disagreed and ruled that counsel’s trial strategy was not ineffective, especially, because counsel was, in large part, acting in accordance with defendant’s instructions to discredit the witnesses. Further, the mere disclosure of a plea agreement, which includes a provision for truthful testimony, does not constitute improper vouching or bolstering of a witness by the prosecutor. Accordingly, defendant’s trial counsel was not ineffective for failing to object to this testimony.
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