Shimel v. Warren

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Shimel pled guilty to second-degree murder and possession of a firearm in the commission of a felony in the shooting death of her husband. After sentencing, the trial court conducted a “Ginther” hearing and concluded that Shimel’s attorney was ineffective for failing to investigate a battered spouse self-defense theory and granted her motion to withdraw her plea. The Michigan Court of Appeals reversed, stating that the trial court impermissibly substituted its judgment for that of counsel on a matter of strategy. On collateral review, the federal district court denied Shimel’s claims that counsel was ineffective for failing to spend sufficient time consulting with her and for advising her to plead guilty rather than taking the case to trial and presenting a battered spouse self-defense theory. The Sixth Circuit affirmed. Shimel did not establish prejudice. A reasonable defendant in Shimel’s situation, charged with open murder, would have accepted the plea, in light of the prosecutor’s stance that, even with expert testimony on battered spouse syndrome, he would not have reduced the charge to manslaughter. Shimel failed to establish a reasonable probability that expert testimony would have improved her result. Michigan law only permits a defendant to plead battered spouse syndrome as part of a self-defense claim. Shimel’s husband suffered nine gunshot wounds. Seven entered his body through his back. There was evidence that the shooting was precipitated by financial problems View "Shimel v. Warren" on Justia Law