Articles Posted in Criminal Appeals

Paul William Nix, a 40-year-old man who was found guilty of fleeing and eluding police and on two counts of second-degree child abuse, recently had those convictions upheld by the Michigan Court of Appeals. Nix appealed his conviction on the grounds that the prosecutors in the case did not provide sufficient evidence to show that the 24-mile long high speed chase he was involved in was “likely to cause serious physical or mental harm to a child.” Nix allegedly had his two children, an infant and a 4-year-old stepson, unrestrained in the back seat of the Chevrolet Blazer he was driving at the time of the chase.

The defendant is currently serving six to 40 years for fleeing and eluding police, and four to 15 years on the two counts of second-degree child abuse.

It all started in June of 2011 when the suspect and his wife and children were parked in the Chevrolet Blazer at a city park. A sheriff’s deputy who was patrolling the area noticed that the license plate on the Blazer was expired; as he approached the vehicle, Nix drove away. According to a news article at Mlive.com, Nix had an outstanding warrant for his arrest in connection with an armed altercation which occurred three days prior, according to court records.

A high-speed pursuit ensued when Nix drove away from the park, continuing for 24 miles and reaching 100 mph speeds at times. The news article claims that Nix raced past traffic signs and signals, and crossed the center line; he also veered to avoid stop sticks placed in the road by a deputy, and attempted to ram a patrol car. Eventually, Nix crashed into the Alpine Slide at the Crystal Mountain Resort. Nix then got away after he fled on foot, but was arrested in Arkansas one week later as his family headed for Mexico.

The Michigan Court of Appeals panel found that the defendant’s actions did put the children in substantial danger after listening to the testimony of sheriff’s deputies.

Michigan criminal appeals attorneys know that it takes a lawyer with exceptional skill and experience to win these types of cases. The appeals process is complex, and very different from the criminal justice process.

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In 2012, Brian Lee Snyder was convicted for larceny in a building stemming from an October 2011 incident in which he allegedly stole a gold watch and silver pieces from an antique store in Mattawan, according to a news article at Mlive.com. In April of 2012, Snyder was sentenced to 330 days in the Van Buren County Jail according to Mike Bedford, Van Buren County Prosecutor.

Snyder was sentenced in April, and appealed his conviction in May on the grounds that the jury was allowed to hear evidence regarding a prior conviction, evidence which was inadmissible. The Michigan Court of Appeals agreed, ruling that Van Buren County Circuit Judge Paul E. Hamre allowed the jury to hear inadmissible evidence. The court of appeals’ judges ruled that the judge abused his discretion, saying “We conclude that the erroneous admission of the defendant’s prior conviction undermined the reliability of the verdict, and therefore that defendant has met his burden to show that the trial court’s error was prejudicial.”

The appeals court requested that Hamre comply with the Michigan Rules of Evidence by conducting an analysis regarding the prior conviction and its impact on the conviction, however Hamre did not meet the request.

Van Buren County Prosecutor Mike Bedford felt that the appeal had merit, and that Hamre did make an error; he did not file a brief in response to a letter from the Court of Appeals. Bedford went on to say that he was not surprised that the appeals court reversed the conviction, and that he did not disagree with the ruling.

Michigan criminal appeals attorneys know that errors are made in the legal process, just as this case indicates. When evidence is allowed which is inadmissible, it may be grounds to have a convicted overturned.

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On Tuesday May 21, the state Supreme Court reversed a ruling made by the Michigan Court of Appeals that motorists who are users of medical marijuana may not legally drive with any amount of marijuana in their systems.

The case began when a medical marijuana user, Rodney Koon, was stopped in Grand Traverse County for driving 83 mph in a 55 mph zone according to a news article at Mlive.com. Koon admitted to police that he had drank a beer, and also told officers that he was a registered medical marijuana patient and had used about five to six hours prior to the stop.

Essentially, district and circuit court judges determined that jurors would not be informed that any presence of marijuana in Koon’s system would be grounds for a conviction of driving under the influence. The MMMA (medical marijuana law) and Michigan’s Vehicle Code conflict in this area; it was ruled by a circuit judge that the state’s zero-tolerance law in regards to marijuana was superseded by the MMMA. However, the Michigan Court of Appeals reversed the lower courts’ decisions.

The Appeals Court held that there are many medications which are accompanied by warnings that users should not drive while using the medications. However, the Supreme Court found that while the MMMA is an imperfect statute, it does offer protection for motorists who are found to have marijuana in their systems (and who are registered medical marijuana patients) as long as those motorists are not found to be under the influence.

It looks like in this situation the final result turned out to be advantageous for Rodney Koon. As experienced Michigan criminal appeals attorneys, we know that appealing a sentence or conviction is a complex process; it takes special skill to win an appeal, and no lawyer can guarantee this result – particularly those who are not experienced in and familiar with the appeals process.

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On Thursday May 16, ex-Detroit mayor Kwame Kilpatrick’s attorney, James Thomas, asked a federal appeals court to release his client pending his sentence for corruption. Kilpatrick, who was found guilty of racketeering and other criminal charges in early March of this year, allegedly fears for his safety because of a bum knee he allegedly suffered in a slipping accident on steps immediately after his conviction in March.

Kilpatrick and his attorney argue that he is susceptible to a prison attack, and asked that he be released so that he can have surgery on the knee, attributing the injury to a torn tendon. Thomas filed an appeal with the 6th U.S. Circuit Court of Appeals, writing that his client should be released to his wife and three children, and that Kilpatrick is vulnerable to attacks due to his inability to move, and the fact that he is housed with others who have been charged with both violent and non-violent crimes.

Although rejected by U.S. District Judge Nancy Edmund, Thomas claims that Kilpatrick is not a flight risk because of his health, his financial state, and for other reasons. He also wrote in his appeal that Kilpatrick is not a danger to the community.

Thomas also wrote that his client is wearing a leg brace while waiting to have surgery. He stated that there were sufficient grounds for appeal, and that his client’s criminal history, notoriety, lack of finances and other factors make him no risk of flight.

When sentenced, Kilpatrick could face more than 20 years in federal prison according to a news article at Detroit News. He has been incarcerated since his conviction, and a date for sentencing has not yet been set.

Michigan appellate lawyers know that winning an appeal is not easy, and that it takes an attorney with considerable skill and expertise to prevail in these situations.

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In March of 2012, the Michigan Court of Appeals ordered that then 20-year-old Devon Glenn Jr. be re-sentenced for his role in a 2009 armed robbery in Jackson. Glenn had been serving 18 to 30 years in prison, however the appeals court ordered a Jackson County Circuit judge to re-sentence Glenn due to their findings that the defendant’s actions were not torturous or “designed to substantially increase the anxiety and fear of his victims.”

Glenn robbed a Buddy’s Mini Mart in Jackson in August of 2009, using what was actually an Airsoft or BB gun, although victims believed he was carrying a sawed-off shotgun.

The appeals court determined that had Glenn not been given points for what was determined to be “aggravated physical abuse,” minimum sentencing according to recommended state guidelines would have been no greater than 11 years and four months.

In 2010, Jackson County Circuit Judge John McBain found that the defendant’s behavior in the course of committing the robbery had “substantially increased the anxiety and fear” of the victims; however, the Michigan Court of Appeals did not agree, and ordered Glenn to be re-sentenced.

Now, Jackson County Chief Appellate Attorney Jerrold Schrotenboer has appealed the COAs decision to the Supreme Court. On May 8, the court heard arguments from Schrotenboer and Glenn’s attorney. If it is determined that Glenn’s behavior did not significantly increase the anxiety and fear in his victims, his prison sentence may be reduced. The Supreme Court will issue an opinion prior to August 1 of this year, according to a news article at Mlive.com.

Michigan criminal sentence appeals attorneys know that frequently, individuals are penalized excessively in terms of sentencing.

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In most cases, a criminal sentence is a serious matter that can negatively impact your life in varying degrees depending on the crime committed. When an individual is sentenced to years in prison, it isn’t unusual to appeal; however, it is a very complex process that requires among other things having proof and a solid reason that you feel you were unjustly sentenced.

When an individual and his/her Michigan criminal appeals attorney files an appeal of the sentence, there is no “new trial” in that the facts or evidence are not usually reconsidered. In other words, it is not a question of whether the defendant committed the crime, but whether the sentencing judge may have made an error in his or her decision to sentence you in a way that is unfair or substantially out of line with Michigan’s sentencing guidelines.

When you have made the decision to file an appeal of your sentence, there are strict rules that should be adhered to. There are forms that must be filed with the clerk of the court; filing your notice of appeal must be done within a certain window of time as well. Defendant’s who do not file an appeal within the specific time allotted will usually not have their case reviewed by a new judge or court. Once this is taken care of, an appellate brief must be written and filed. This brief is essentially an explanation to the court regarding the reasons you believe a mistake was made by the judge who sentenced you. Depending on whether it is a state or federal case, the government or prosecutor will also file their own brief in order to state their beliefs and feelings as to why the sentence you were initially given should not be changed.

Leo Terlisner, a man who is now 65 years old, was convicted in 1977 for a murder and robbery that occurred in 1971. Another man, James Wayne Wilson, was also convicted; both are currently serving sentences of life in prison without parole in the murder of Joe Swetay. In March of this year, Terlisner’s conviction was overturned by the Michigan Court of Appeals. On Tuesday, his resentencing was put on hold according to a news article at Mlive.com.

Terlisner’s attorney and Circuit Judge Paul E. Hamre determined that Terlisner’s conviction is unjust according to a 1980 ruling by the Michigan Supreme Court due to the fact that the common law felony murder doctrine is now defunct. Attorney Kathleen Sutton said in her motion that the law is now contradictory because the doctrine was abolished. The judge agreed, and issued a decision on March 21 saying that, “The court finds that the common law felony murder rule that the intent to commit the underlying felony satisfied the mental element for first-degree murder, which was abolished by the Michigan Supreme Court . . . resulted in the unjust conviction of Defendant Terlisner.”

Joe Swetay was killed in his home on May 1, 1971. Swetay owned a grocery store, bar, and gas station in Covert, and frequently took the proceeds from the business to his home where he locked it in a safe. Swetay was found stabbed and beaten following the robbery which took place in his home, although the safe was unopened but damaged.

An emergency appeal of Judge Hamre’s decision was filed by Van Buren County Prosecutor Michael Bedford and the Michigan Attorney General with the Michigan Court of Appeals to halt a May 6 resentencing hearing. Hamre is expected to resentence the defendant on a charge of unarmed robbery at the hearing, which could ultimately mean he would walk away from prison considering he has been incarcerated for 36 years.

Now, the Michigan Court of Appeals has put the resentencing hearing on hold; news reports do not indicate when it may take place.

Michigan criminal appeals attorneys know that while in many cases individuals may be wrongly convicted, there are also situations such as the one above in which rules of the law change or become defunct.

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In October of 2012, a 17-year-old Pioneer High School student was one of three who were allegedly involved in a brawl following a football game between Pioneer and Huron High School. The boy, whose name was not released, was ultimately found guilty on one charge of misdemeanor assault and battery in February of this year. The brawl began when one of the coaches shoved another on the football field; a Huron player, Will Harris, was allegedly kicked in the face when the brawl broke out, although the 17-year-old accused of assault says he never touched Harris.

The defendant was sentenced on Tuesday April 30 to a $50 fine and six months probation, although a news article at AnnArbor.com states that his family will likely appeal. The boy’s public defender, Shelia Blakney, said that he was a good kid; he currently attends Ann Arbor Tech. The attention he has received due to the incident has caused him to miss school, which he attributed in court to the severe depression and anxiety he has been experiencing because of the situation. He told the court that he had no physical contact with Will Harris.

A physical brawl ensued after Huron head coach Cory Gildersleeve and Vince Wortmann became involved in a verbal altercation.

One of the students was charged as an adult; Bashir Garain took a plea deal, and is set to be sentenced on May 14. Another 17-year-old who was allegedly involved in the brawl rejected a plea offer and is set to stand trial on June 24.

The 17-year-old sentenced to six months probation was originally charged with assault with a dangerous weapon, assault and battery, aggravated assault, and assault with intent to do great bodily harm less than murder. While the incident would have likely been expunged from his record had he successfully served out his probation time, Blakney said that the sentence will likely be appealed.

Michigan criminal appeals lawyers know that a situation such as this one can be extremely stressful for a teenager, particularly if he/she is not guilty of the crime. While a sentence of probation may not seem all that serious, it is when an individual is innocent.

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A few weeks ago, the Michigan Court of Appeals ruled that an error was not made by the judge in the trial of Henretta Little who was convicted on charges of kidnapping, torture, and assault with intent to do great bodily harm less than murder. The charges were in connection with a man who lived with Little and her cousin, Laprincess Jones.

The alleged victim was mentally disabled, according to a news article at Mlive.com. Little, who is 31 years old, was convicted in December of 2012 and sentenced to 18 years in prison. News articles state that Little and her 26-year-old cousin lived with the man, who was in his 20s at the time and collecting disability checks from the state. The two women reportedly imprisoned the man inside the house and beat him with various objects, according to police. Jones struck a plea deal with prosecutors, pleading guilty to assault and imprisonment in exchange for her testimony against Little.

The victim in the case testified that his feet and legs were injured on numerous occasions by Little, who struck him with a hammer. He also told the court that he was forced to sleep in a locked chest-like bench at the foot of Little’s bed.

Little was pregnant when the trial began on December 6, however it was postponed two days later when she thought she had gone into labor, however that proved not to be the case. The trial continued the next week, ultimately ending in Little’s conviction.

Little’s attorney appealed the convictions based on Jones’ plea agreement. Little argued that her attorney should have been allowed by Saginaw County Circuit Judge James T. Borchard to question her cousin (Jones) on the maximum penalties Jones faced on the original charges against her, and that the jurors should have been instructed on the same.

Judge Borchard said that because Little faced the same charges as Jones, it was not proper for the jury to be informed on the maximum penalties of the charges. Michigan court of appeals judges agreed, and upheld her conviction. The appellate judges wrote that the defendant’s lawyer had a reasonable opportunity to challenge Jones’ inconsistent statements as well as her credibility based on her plea deal.

Individuals who have been convicted of a criminal offense should know that it doesn’t necessarily mean you have reached the end of your rope – there may be other options. However, not all Michigan criminal appeals lawyers will reach a positive outcome, so it is important that you choose an attorney who is aggressive, capable, and has years of experience with the appeals process.

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Rolando Flores Jr., a 33-year-old Pontiac man, was sentenced to life in prison in February 2012 after being convicted of the 2010 murder of John Ledbetter. Flores has maintained his innocence throughout the ordeal, accused of stabbing Ledbetter so violently that it deteriorated the victim’s health, ultimately resulting in his death. Flores filed an appeal with the Michigan Court of Appeals, claiming that the evidence presented at trial “did not establish that the stab wounds the victim received during the home invasion proximately caused his death.” Flores’ appeal was denied.

Ledbetter’s death was ruled a homicide by Kanu Virani of the Oakland County Medical Examiner’s Office, who said that the stab wounds the victim suffered were the primary factor in his death.

According to a news article at The Oakland Press, Ledbetter had cirrhosis of the liver and chronic obstructive pulmonary disorder, and according to the defense used alcohol and hydrocodone for pain relief. The defense did argue that these factors played a role in Ledbetter’s death, although Virani claimed that the alcohol and drugs had nothing to do with the victim’s passing, saying that unless Ledbetter’s consumption of alcohol somehow resulted in his passing out, becoming unresponsive and ultimately becoming unable to breathe, it played no part in the alveolar damage Ledbetter suffered from.

Flores allegedly had an accomplice in the home invasion and subsequent stabbing according to news reports, which said that after his home was broken into and money demanded, Ledbetter was stabbed in the area of his hip and buttocks, as well as his leg.

Flores argued in his appeal that during the trial, the prosecutor “improperly vouched for the testimony” given by Ledbetter’s doctor, Jeffrey Mason, and Virani; however, the appeals court noted that during the prosecutor’s statement no objection was made, and that his commenting on the doctors’ testimony was not inappropriate.

There are many Michigan criminal defense attorneys who represent clients wishing to appeal a conviction or sentencing, but the fact is it takes special skill and experience to reach a successful outcome is these types of situations. Winning an appeal is not easy, and no lawyer can ever guarantee positive results.

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