Whether an individual feels he or she has been wrongfully convicted for an offense involving alcohol, drugs, a sexual act, or even a violent or serious offense such as robbery or homicide, the appeals process is designed to ensure that a person’s rights are properly defended. This means that if…
Articles Posted in Criminal Appeals
Defense Attorney Vows to Appeal Racketeering Conviction in Former Detroit Mayor Kwame Kilpatrick Corruption Case
On Monday March 11, a jury found former Detroit Mayor Kwame Kilpatrick guilty of racketeering, along with 23 other charges including extortion. Racketeering and extortion are both offenses which carry maximum sentences of 20 years in prison. The public corruption trial against Kilpatrick and two co-defendants, one his father, continued…
Federal Appeals Court Decision Likely to End Freedom for Convicted Detroit Killer
In June of 2012, Dwayne Ballinger Jr. was released from prison after a federal judge found that Ballinger’s lawyer was ineffective at trial when Ballinger stood charged with fatally gunning down two men in 2006. U.S. District Judge Arthur Tarnow found that even though Ballinger had been convicted of killing…
Muskegon County Judge Rules No-Parole Sentence Decision for ‘Juvenile Lifer’ Will Have to Wait
Amy Lee Black has been imprisoned since 1991 for her involvement in murdering then 34-year-old Dave VanBogelen in December of 1990. Black, who was then 16 years old, allegedly bludgeoned the victim during a robbery; her 19-year-old boyfriend at the time was said to have stabbed VanBogelen to death after…
Ingham County Prosecutor to Investigate Possible Avenues for Appeal in Dismissal of Case Against Ohio Man
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…
Man Serving Life Without Parole for Murder Conviction Denied Appeal for New Trial
Mark Abraitis, a 26-year-old Saginaw man who was convicted of murdering his girlfriend in 2011, has been denied an appeal for a new trial by the Michigan Court of Appeals. Abraitis was sentenced to life without parole, and is now serving out his sentence at the Oaks Correctional Facility in…
Marijuana Patient Will Not Be Prosecuted for Giving Another Patient Marijuana According to Michigan Court of Appeals
On January 30, the Michigan Court of Appeals ruled that a marijuana patient who had given another registered patient marijuana cannot be prosecuted. The issue came about when Tony Allen Green gave another patient marijuana in September of 2011 while Green was in Nashville. Police arrested Green after it was…
Michigan Court of Appeals Vacates Judge’s Sentence in Sexting Case for a Second Time
In 2010, Joshua Whittum of Eaton Rapids, who was then 20 years old, pleaded guilty to child pornography charges. The Circuit Judge in the case at the time who is now retired, Calvin Osterhaven, imposed a shorter sentence on Whittum than what was called for under state sentencing guidelines, giving…
Gun Charges Against Craig DeRoche Dropped Following Michigan Court of Appeals Ruling
According to the Michigan Court of Appeals, individuals cannot be charged with a crime when they are found to be intoxicated inside their own homes and own a firearm. In 2010, former state House Speaker Craig DeRoche was charged by Novi police with possessing a firearm while intoxicated. The charge…
Michigan Court of Appeals Upholds First-Degree CSC Conviction of Saginaw Man
James W. Gunn, a Saginaw man convicted on charges of first-degree criminal sexual conduct in October of 2011, will not get a new trial according to news reports. Gunn was convicted by a jury in Saginaw County Circuit Court on October 12 of forcing a woman at a convenience store…