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Simko v. Blake

532 N.W.2d 842 (1995)

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Simko v. Blake

Michigan Supreme Court

532 N.W.2d 842 (1995)

Facts

Arthur Simko was a passenger in a car whose driver attracted police by speeding and flashing the car’s lights because Simko needed medical condition. The police found drug paraphernalia, pistols, ammunition, and a substance containing cocaine in the car. Simko was prosecuted for possessing cocaine and possessing a firearm in committing or attempting to commit a felony. Marvin Blake (defendant) represented Simko at trial. Simko was convicted and sentenced to life without parole. Simko’s conviction was reversed after he had spent two years in prison. Simko and his wife and daughter (the Simkos) (plaintiffs) brought a legal-malpractice action against Blake. The Simkos alleged that Blake failed to call as witnesses Simko’s wife and Simko’s physician, who had prescribed medication that would have explained Simko’s medical condition, and to ascertain the name and location of the hotel where Simko had spent the preceding day, which would have protected Simko from impeachment. The trial court granted Blake’s motion for summary disposition. The court of appeals affirmed. The Simkos appealed.

Rule of Law

Issue

Holding and Reasoning (Mallett, J.)

Dissent (Levin, J.)

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