The Michigan Supreme Court decided the trial court wrongly held that expert testimony on shaken baby syndrome (SBS) was inadmissible under the rules of evidence and, as a result, the defendant is entitled to a new trial.

Trial Court’s order for termination of parental rights vacated and remanded due to failure to serve Respondent and failure to offer new hearing.

The defendant raised the issue of ineffective assistance of counsel. The court wrote that to prove it, the defendant must show that counsel’s performance fell below objective standards.