Recently, an Ohio man who had been arrested for critically injuring a Michigan State Police trooper in a crash that occurred in 2011 had his case dismissed by Ingham Circuit Judge Rosemarie Aquilina due to insufficient evidence. Prosecutor Stuart Dunnings III will now investigate whether there may be grounds for appealing the dismissal according to news reports.
The Ohio man who was charged in the case, Mark Kollar, allegedly failed to use proper care while passing state police Trooper Drew Spencer as he performed a traffic stop on I-96 in the vicinity of Fowlerville and Webberville. Kollar allegedly struck Spencer as he was driving eastbound and lost control of his Chevrolet Malibu. Spencer recovered from a severe head injury and returned to work as a trooper in December of 2011. Kollar is said to be an attorney in the Cleveland, OH area; he is 51 years old.
The judge in the case said there is simply not enough evidence to support the felony charge of failing to use due care when passing a stationary emergency vehicle causing injury against Kollar. Although acquittals determined through insufficient evidence even when based upon an egregiously erroneous foundation cannot be appealed, Dunnings says that he will analyze the transcript from Kollar's trial to see if there may be other legal issues that may be considered grounds for an appeal.
Michigan criminal appeal lawyers understand that while the prosecutor in this case desires to appeal in order to have an opportunity to obtain a conviction of the defendant, it also works the other way around. For instance, you may have been convicted of a crime and for any number of reasons your defense attorney may be able to have your conviction dismissed or sentencing reduced through the Michigan Court of Appeals. Mistakes are made in the legal process; innocent people are sometimes convicted of crimes they did not commit, or sentenced much harsher than what is considered normal according to sentencing guidelines.
Individuals who believe they may have grounds to appeal either sentencing or conviction should consult with an experienced Michigan criminal appellate lawyer right away who will closely scrutinize your case to determine if appealing may be an option.