Michigan Criminal Lawyers Blog

This past week two cases took center stage at the Supreme Court on the issue of what constitutes "cruel and unusual punishment" and whether it's a violation of the 8th Amendment to sentence 14-year-olds convicted of murder to life in prison without the possibility of parole. News reports indicate that Justice Kennedy, who is likely the swing vote, is looking for legal grounds to invalidate a law that mandates a life sentence without parole for some young offenders.

If your minor aged child is under investigation for or has been arrested for any crime, it is imperative to contact an aggressive Michigan criminal defense lawyer to immediately begin preparing a defense and protect your child's future.

The cases before the Supreme Court involve two separate incidents of 14-year-old boys convicted of murder. In Jackson v. Hobbs, the 14-year-old Jackson was involved in a robbery of a video store when another teenager shot and killed the store clerk. Although Jackson did not pull the trigger, he was given a mandatory life sentence without the possibility of parole based on his involvement. In Miller v. Alabama, Miller, who was 14, and his 16-year-old friend set a neighbor's house on fire following a dispute. The neighbor died and the 16-year-old blamed Miller. Miller was sentenced to life in prison.

The Supreme Court will now determine if the same reasoning that determined that the death penalty for those age 18 years and younger is cruel and unusual punishment applies to life without parole sentences to 14-year-olds convicted of murder.

While acknowledging the need for serious punishment, a representative of one of the boys pointed out "young offenders are less culpable than adults for the crimes they commit. Studies have shown that biologically and psychologically, teens are more susceptible to peer pressure and more prone to impulsive and reckless behavior. Studies show that their judgment and character are not yet fully formed."

Continue reading "Supreme Court To Determine Whether Sentencing 14-year-olds To Life Without Possibility Of Parole Is Cruel And Unusual Punishment " »

A case involving the conviction of a western Michigan man continues to make headlines and challenge conventional legal wisdom. In U.S. v. Gabrion, Marvin Gabrion was convicted of murder in 2002 concerning the drowning of a young mom, Rachel Timmerman. Even though the state of Michigan does not allow for capital punishment, a federal jury determined Gabrion should face the death penalty. The death penalty was only available in this instance because Timmerman's body was discovered in the Manistee National Forest, therefore placing the case in a federal court and making capital punishment possible. Had Timmerman's body been discovered a few hundred feet away on state property, the death penalty would not have been available. At trial, Gabrion's representatives were barred from pointing out this injustice to jurors. Gabrion became the first person since 1937 to be sentenced to death in Michigan.

If you have been charged with a violent crime such as homicide or murder, it is imperative to speak to an aggressive Michigan criminal defense lawyer immediately. The potential impact on your future and your freedom as the result of a criminal conviction, especially involving serious violent crimes, is significant. The criminal defense law firm you choose can and will make a difference.

Recently, the a three-judge panel of the 6th U.S. Circuit Court of Appeals determined that the death sentence should be vacated because the trial judge erred when it kept Gabrion's attorney from telling jurors that Gabrion would not face the death penalty if the body had been discovered on state land. This past Thursday, the federal appeals court rejected the panel's decision. Now, the full appeals court will start over to determine whether the 2002 death sentence was proper.

Continue reading "Full Panel To Review Decision To Overturn Death Sentence In Michigan Murder Case, U.S. v. Gabrion " »

Earlier this week the U.S. Supreme Court decided to hear two juvenile lifer cases - two cases where the minors were convicted of crimes without the chance of parole. At issue is whether such a harsh punishment for juveniles constitutes cruel and unusual punishment. Because the number of juveniles serving life sentences in Michigan is more than nearly every other state, the potential for a large impact on Michigan's juvenile justice system is great.

Juveniles under investigation for or charged with any criminal activity in Michigan should seek the counsel of an experienced Michigan juvenile crimes attorney at once. Because potential penalties may affect your future, it is imperative to speak to an aggressive Michigan criminal defense attorney to protect your rights, fight to keep your case in juvenile court and keep you out of jail.

The announcement that the Supreme Court will hear Jackson v. Hobbs and Miller v. Alabama comes as a similar juvenile lifer case is currently in federal court in Michigan. It is unknown how the outcome will affect the Michigan case, but observers note that the Supreme Court is "potentially extending the reach of two recent decisions" concerning the treatment of juveniles in adult court.

These critical juvenile law decisions include:

Roper v. Simmons: The Supreme Court determined that the death penalty may not be given to minors 17 years and younger; and
Graham v. Florida: Minors cannot be sentenced to life without parole in non-homicide cases such as assault, robbery and drug charges.

The constitution provided the basis for these decisions. Specifically, the justices found that such severe penalties were in violation of a juveniles Eighth Amendment protection against cruel and unusual punishment. The new cases will evaluate if the law should extend to ban mandatory life in prison for juveniles, even where the juvenile was at the scene of the crime but did not commit the actual killing. Statistics reveal that as many as one-third of Michigan juvenile lifers are in jail for this type of crime.

The two pending case involve 14-year-old boys who were convicted of murder or involvement in a homicide. In Miller v. Alabama, the 14-year-old Miller and a 16-year-old were in a fight with a neighbor and set the neighbor's home on fire. The neighbor died and the 16-year-old blamed Miller. Miller was sentenced to life in prison. In Jackson v. Hobbs, Jackson was involved in a robbery of a video store when another teenager shot and killed the store clerk. Although Jackson was not accused of killing the clerk or intending to commit murder, he was given a mandatory life sentence without the possibility of parole.

Continue reading "Supreme Court To Hear Two Juvenile Lifer Law Cases, Jackson v. Hobbs and Miller v. Alabama ; Outcomes May Have Great Impact On Michigan Juvenile Criminal Law" »

News reports that violent crime is rising in Michigan cities including Flint, Inkster and Saginaw. In fact, Flint Michigan has been designated the "Most Dangerous City in America." According to a report released by the FBI, "Crime in the United States," Flint recorded the highest violent crime rate in cities with 100,000 or more people. However, in cities such as Jackson and metro Detroit violent crime rates are lower.

Violent crime charges carrying with them significant consequences if convicted. If you are under investigation or have been charged with any violent crime, you need a Michigan violent crime defense attorney to protect your rights and begin preparing your defense. The MIchigan criminal defense lawyer you choose can and will make a difference on your future.

According to reports, Flint reported a record number of murders in 2010. Murder, manslaughter and other homicide charges are some of Michigan's most serious crimes. Obtaining an aggressive Michigan criminal defense lawyer who understands key strategies and defenses is crucial to keeping you out of jail. Under Michigan law several different homicide charges exist and each carries with it different penalties. Homicide charges include:

• First-degree murder
• Second-degree murder
• Felony murder
• Voluntary manslaughter
• Involuntary manslaughter

By interviewing witnesses, reviewing forensic evidence and evaluating police conduct it may be possible to get the charges reduced or even eliminated in some cases.

Reports indicate that the number of other Flint violent crimes increased as well. Violent crimes include such charges as:

• Weapons charges
• Felony firearm possession

Continue reading "Michigan Violent Crime Rate Up In Flint and Saginaw, Lower In Jackson and Detroit" »

Earlier this year, the Michigan Supreme Court approved new Michigan jury trial rules to take effect September 1st. The new jury rules will affect both civil and criminal trials. Despite widespread changes, the Jackson Citizen Patriot reports that many local lawyers don't believe the new jury rules will impact the way Jackson County courts or other Michigan trial courts operate.

If you a facing a Michigan criminal trial anywhere in the state of Michigan, it is important to contact an experienced Michigan criminal defense lawyer who is familiar with the criminal court system and understands the new rules and how they may affect your case.

If you have been accused of a crime, the constitution provides you many fundamental rights. Among those rights include the right to be free of unreasonable searches and seizures, the right to due process of the law and right to trial by a jury of your peers. The purpose of the new rules are to enhance the jury process with the hopes that by engaging jurors more in the trial process, they will achieve a more informed decision. The new rules will impact all Michigan county criminal courts including those in Oakland County, Wayne County, Macomb County, Saginaw County and Washtenaw County.

As stated by one observer, "the Supreme Court is trying to ...rationalized the jury experience so juries don't feel so much like they are sitting there watching a TV program...And if the are more involved in the case, they are more likely to come to a rational decision."

The Michigan Supreme Court tested the reforms in 12 courts across the state and report that jurors support the changes. Some Michigan criminal defense lawyers are skeptical about the rules, concerned that overzealous or biased judges will not implement the new rules in a fair and balanced way. An aggressive Michigan criminal trial attorney can fight to protect your right to an impartial trial as the new reforms take effect.

Continue reading "New Michigan Criminal Trial Jury Rules To Take Effect September 1" »

In a significant death penalty case, a Michigan federal appeals court has thrown out a death sentence imposed on Marvin Gabrion who was convicted in 1997 for murder. Gabrion was then sentenced to death by the federal District Court.

Gabrion's post-conviction appeal decision marks the second time in a year that a federal court has spared an individual from the death penalty after the U.S. government has sought capital punishment.

In Gabrion's case, the issue of trial error led to the sentence being thrown out. Here, because the crime at issue occurred in a Manistee county national park, federal law applied and Gabrion faced possible execution as a penalty. However, because Michigan is not a death penalty state, Gabrion would not have received a death sentence if the crime had occurred outside of the park. On appeal, the federal court determined that the District Court had erred when it refused to allow arguments to the jury pointing out the significant difference in penalties and the injustice in imposing a death sentence because the crime occurred on federal property rather than state. As a result of the appellate court decision, Gabrion has been spared execution.

Gabrion's case was the first time a judge had imposed the federal death penalty in Michigan.

Continue reading "Federal Court Throws Out Death Sentence In Michigan Murder Case" »

In a significant case for juvenile rights, a recent juvenile law case from the Eastern District of Michigan has allowed the question of parole for juvenile offenders who commit murder to move forward.

Specifically, Hill v. Snyder raises the question of whether it's a violation of a juvenile's rights - i.e. is it cruel and unusual punishment - for a child aged 14-18 to received a life sentence without the issue of parole for a homicide offense. In 2010, the U.S. Supreme Court found that it was "cruel and unusual" punishment for juveniles convicted on non-homicide offenses to receive a sentence of without the possibility of parole, leaving open the question of the constitutionality of denying parole to those convicted of murder.

Here, one of nine juveniles sentenced to life without parole - Keith Maxey - was part of a drug deal that went bad. He did not shoot any of the victims and did not possess a weapon himself. In fact, he had left the scene when the shooting occurred. However, Maxey was convicted on an aiding and abetting theory and sentenced to life without parole.

The ruling questions whether a statute automatically denying parole to juveniles convicted of homicide is cruel and unusual.

As stated by a representative of the ACLU about the recent ruling, "[T]he ruling allows us to prove what many already know - sentencing children to die is prison without giving them an opportunity for parole is inhumane, unfair and unconstitutional. By ignoring a child's potential for rehabilitation and denying judges and juries any discretion, the state doles out unforgiving sentences that violate basic fairness and human rights principle. The decision is the first step toward correcting this fundamental injustice."

Continue reading "Michigan Case Raises Issue Of Whether Juveniles Who Commit Murder Should Be Allowed Parole" »