Michigan Criminal Lawyers Blog

October 15, 2013

Court of Appeals Orders New Sentence for Man Convicted of Drunk Driving Causing Death

In July of 2012, Thomas Murdock was found not guilty of involuntary manslaughter in the June 2011 death of his girlfriend, who died after being struck by Murdock’s vehicle as he backed it up so that Lisa Hardwick, the victim, could mow the lawn.

While found not guilty on that charge, Murdock was found guilty on four other charges, including possession of marijuana, operating while intoxicated third offense, OWI causing death, and driving on a suspended license.

Murdock was sentenced in September of 2012 in Alger County Circuit Court to two to fifteen years in prison. Upon finding Murdock guilty in July, bond was revoked and he was immediately incarcerated in the Alger County Jail.

Prosecutors said in opening statements at trial that Murdock and his girlfriend had been arguing, and that Lisa Hardwick got out of the truck before being ran over by the defendant. However, both the prosecution and defense agreed that the defendant did not run over Hardwick intentionally. News articles at Upper Michigan’s Source state that both Murdock and his girlfriend were found to have BAC higher than the legal limit, and had been smoking marijuana.

Last week, the Michigan Court of Appeals sent the case back to Alger County Judge William Carmody, ruling that the judge was “too generous” in sentencing Murdock, and that the sentence previously handed down to the defendant was one year less than the Michigan state sentencing guidelines call for.

While sentencing is often appealed by a defendant’s attorney when it is believed the sentence is too harsh or departs upwardly from sentencing guidelines, prosecutors may also file an appeal when they feel the sentence given to a defendant is too lenient. Unfortunately, the death of the victim in this case clearly resulted from a devastating accident, likely caused due to the fact that the two were drinking heavily and smoking pot. Depending on the outcome when the defendant is resentenced, he could spend a substantial number of years behind bars.

October 15, 2013

Brandon Township Ex-Marine Arrested in Connection with Wife’s 2004 Murder

by Scott Grabel

In 2004, a woman’s skeletal remains were discovered in a remote area of Wonder Valley by a traveler who was walking his dog. The body was in a shallow grave located in a remote desert area off Ironage Road, approximately one mile south of Twentynine Palms Highway. It was determined through dental records that the woman was 33-year-old Jean Leppan of Yucca Valley.

Jean’s husband, Charles Leppan, was interviewed and arrested on that same day, suspected by authorities of murdering his wife. Shortly thereafter, Supervising Deputy District Attorney Linda Root announced that a decision had been made not to file charges against Charles Leppan at the time, as the investigation was ongoing. Homicide Sgt. Bobby Dean issued a statement shortly thereafter that the victim was last seen in January, and that she and Charles Leppan, who was a sergeant in the Marine Corps, were attempting to reconcile their marriage, and shared a home in Yucca Valley, California.

Charles Leppan was allegedly the last person to see his wife alive; Dean said that Leppan did not report his wife missing, and that he remarried in February, just two weeks after the last time his wife had been seen alive.

Now, some nine years later, Charles Leppan who is now 41 years old has been arrested in connection with the homicide. Leppan was arrested on Sunday October 13 at his Brandon Township home by Oakland County sheriff’s detectives along with the San Bernardino County district attorney and sheriff’s detectives.

News reports indicate that Leppan will be extradited and face charges in California; he was being held at the Oakland County Jail.

While no doubt the criminal penalties are harsh for those convicted of murder in California, Michigan criminal defense lawyers know that this is a crime punished harshly in every state across the U.S., including Michigan. Individuals convicted of first-degree murder in the state will face life in prison; other homicide charges such as second-degree murder, and voluntary/involuntary manslaughter also subject the defendant to serious and life-changing consequences.

October 15, 2013

Marijuana Grow Operation Discovered in Fife Lake When Authorities Respond to Fire

by Scott Grabel

On Sunday October 6, the Fife Lake Fire Department responded to reports of a fire at an apartment complex located at 206 Main Street. After investigating, authorities suspected the blaze was sparked by a light used in a large indoor marijuana grow operation, according to a news article at the Traverse City Record-Eagle.

Members of the fire department found that residents in two apartments were growing marijuana; upon inspection by the Traverse Narcotics Team and Grand Traverse County sheriff’s deputies, it was determined that marijuana plants were being grown throughout the five apartment structure, including in the basement.

The building sustained substantial fire and smoke damage, causing three of the residents to be evacuated.

One of the residents of the apartment complex claimed that he was growing marijuana for his own personal medical use, and that he had a permit. However, authorities found the number of plants the resident was growing to be more than allowed under limits set by the state of Michigan.

Upon inspection of the high-powered grow lights, authorities found that an electrical cord was worn, exposing bare wires. While investigations continued, it is believed the grow light started the fire.

In Michigan, individuals with certain medical conditions such as glaucoma, Crohn’s disease, and cancer are permitted to use marijuana and possess the drug legally, without facing criminal charges. While patients and caregivers must be registered, caregivers are limited to caring for five patients. Under MMMA (Michigan Medical Marijuana Act), caregivers may only possess 12 marijuana plants, or up to 2 1/2 ounces of finished marijuana.

The state’s medical marijuana laws are not clear; many individuals have a difficult time understanding them. While charges had not been filed against any of the tenants as of the time of news reports, investigations were ongoing, which could lead to charges. Unfortunately, those who believe they are in compliance with the law often face criminal charges, as prosecutors and police will make every effort to prove that an individual was in possession of more marijuana or plants than is legal for medical purposes.

October 14, 2013

Tecumseh Man Pleads Guilty to Meth Lab Charges

by Scott Grabel

Recently, 42-year-old Greg William Keebler of Tecumseh pleaded guilty to charges in connection with operating a methamphetamine lab. In April, the OMNI III Narcotics Team obtained and executed a search warrant after suspecting the defendant was operating a meth lab at the Marlboro Apartments where he lived. Another individual, 34-year-old Belinda A. Gonzales of Adrian, was also arrested.

Upon searching the apartment, investigators found marijuana and finished methamphetamine. According to a news article at the Tecumseh Herald, they also discovered three shotguns, pseudoephedrine, chemical solvents, and other components used in methamphetamine manufacturing. Authorities also found homemade lab equipment, and claimed one of the shotguns found at the scene was loaded.

The Lenawee County Sheriff’s Office and Tecumseh Police Department officers assisted OMNI III with the investigation.

Belinda Gonzales pleaded guilty to drug house, meth possession, and meth lab charges in May. She was given a three to ten year prison term at her sentencing in May.

Keebler pleaded guilty to the charges on October 2. He is scheduled for sentencing on November 2, and remains lodged at the Lenawee County Jail on a $225,000 bond. For his guilty plea of maintaining a drug house and operating a meth lab, he may face up to ten years in prison.

Michigan drug possession attorneys know the serious consequences individuals face when charged with drug crimes such as cultivation or manufacturing of methamphetamine, marijuana, and other illicit narcotic drugs or substances. Illegal drugs are a serious problem in the state; police and prosecutors crack down hard on those suspected of possessing, manufacturing, or distributing drugs including heroin, cocaine, and even prescription narcotics like Vicodin and oxycodone.

October 14, 2013

Paw Paw Man Facing Charges of Attempted Murder After Alleged Beating of Estranged Girlfriend

by Scott Grabel

On Friday, 22-year-old Kane D. Reeves of Paw Paw was charged with attempted murder after allegedly beating his estranged girlfriend in what is described as a “vicious” attack. Police claim Reeves threatened to kill the victim, who according to news articles is the mother of Reeves’ three children.

The incident took place on Wednesday October 9. Authorities say the victim suffered extensive injuries to her face, and will need reconstructive surgery. Reeves was charged with a single count each of assault with intent to commit murder and attempt to murder after a warrant was authorized by the Van Buren County Prosecutor’s Office.

Sheriff’s investigators claim that Reeves laid in wait for his estranged girlfriend at her home on Wednesday morning after suspecting that she was engaged in an affair with one of his close friends. The victim arrived at her home at approximately 8:30 a.m., and Reeves then allegedly assaulted her in a way that was described in a news release issued by the sheriff’s office as “immediate and vicious.” One of the victim’s neighbors called deputies after witnessing the victim being chased by Reeves, her face covered in blood.

The victim said that Reeves had told her that she was going to die during the vicious attack. Police said the defendant also suffered damage to his face and head after slamming it repeatedly into the patrol car’s Plexiglas divider.

Michigan assault defense attorneys understand that violence is often the result of rage or jealousy. Unfortunately, if convicted the defendant may face life behind bars, a sad fact considering he is only 22 years of age. While this is absolutely a violent and heinous act, there are situations in which those accused deserve a second chance.

October 11, 2013

Appealing a Criminal Conviction in Michigan Based on Ineffective Counsel

by Scott Grabel

As highly qualified Michigan criminal appeal attorneys, we are occasionally asked by defendants whether they can appeal a conviction based on the fact the defendant felt his or her defense lawyer was ineffective or incompetent. There are occasions on which a defendant may feel that had his or her attorney provided quality legal representation, the defendant would not have been found guilty.

The truth of the matter is that appealing solely on the grounds of ineffective counsel is extremely difficult. However, this is not to say an appeal cannot be won, particularly if you have a skilled and experienced lawyer on your side who has successfully represented many clients when appealing a conviction or sentence.

Why is it so hard to appeal a conviction based on ineffective assistance of counsel in the state of Michigan? Here is what you must prove in order to establish a claim:

Your attorney did such a poor job of representing you at trial that a conviction by the judge or jury was nearly a guarantee.

The representation provided by your attorney fell below an objective standard of reasonableness (below what are considered “normal” standards for law professionals).

Unfortunately, when a defendant desires to appeal on grounds that his or her attorney failed to introduce evidence or call an expert witness, or failed to object to testimony or interview a witness who may have shed new light on the case, the courts often turn a deaf ear. Basically, unless your attorney did absolutely nothing else other than show up for the trial, it isn’t likely the court will delve into your complaints.

Michigan courts are not concerned about how well your attorney represented you in court; what they are concerned about is whether you may have been denied a fair trial. Therefore, the courts will not review how your lawyer presented your case overall, but perhaps any serious errors which may have resulted in an unfair trial.

October 11, 2013

Michigan Semi-Truck Driver has CDL Suspended Following Fatal Crash

by Scott Grabel

In June of 2013, Tracy Ferrell was convicted of reckless driving for a 2012 incident in which he was charged with DUI after driving into a light pole and mailbox in Pennsylvania. Ferrell held a Michigan CDL (commercial drivers license) at the time. However, the information regarding the reckless driving convicted was not added to his driving record according to a news report at ABC 6 On Your Side, which claims that it is the responsibility of the Pennsylvania Transportation Department to report the conviction to Michigan. Therefore, Ferrell’s CDL was not suspended at the time.

On September 11 of this year, Ferrell was involved in a crash in Ohio that resulted in the death of Amy Schneider, and injury of two others. Following the incident, his commercial driver’s license was suspended. Ferrell allegedly slammed into three vehicles on US-23, and was accused of attempting to hide his sleep schedule and driving log. Now, Amy Schneider’s surviving family members are calling for new regulations designed to commercial truck drivers who are “unsafe” off the roadways.

As of the most recent news reports, police were waiting on results of toxicology reports to determine whether charges will be filed against Ferrell.

Michigan driver’s license restoration attorneys realize that besides having his CDL license suspended, Ferrell may face serious charges if it is determined he was under the influence of alcohol or drugs when the fatal accident occurred. If charged with OUIL, UBAL, of OWI causing death or serious injury, he may face penalties which include fines of up to $10,000 and up to 15 years in jail. News reports do not indicate whether law enforcement suspect he was under the influence of any illegal substance when the crash took place.

While it is certainly true that some commercial drivers have no business operating massive semi-trucks and tractor-trailer rigs, others are often the victims of unfortunate circumstances. Having your CDL suspended or revoked when driving is the source of your livelihood can be devastating.

October 10, 2013

‘Meth Registry’ Proposed by Michigan Lawmaker in Effort to Prevent Convicted Offenders from Purchasing Ingredients

by Scott Grabel

On September 24, state Sen. John Proos introduced Senate Bill 535 that if passed, will result in a Michigan methamphetamine abuse registry. Essentially, any person who is convicted of a meth-related crime would be required to have a prescription in order to buy Sudafed and other cold/allergy medicines containing pseudoephedrine typically sold over-the-counter. Pseudoephedrine is an ingredient used in making meth, a crime that seems to be becoming more and more prevalent in Michigan.

According to the Senator, methamphetamine is a big concern across the state, but particularly in Southwest Michigan. Pseudoephedrine, a nasal decongestant, is commonly used in the production of meth, including a method known as “shake and bake” in which meth is made in a soft drink bottle.

The amount of pseudoephedrine an individual can purchase on a single day or in any given month has already been capped through a law sponsored by the Senator in 2012. When purchasing products containing this ingredient, an individual’s driver’s license is scanned by the clerk. If that individual has already purchased the limit, he or she will be blocked from purchasing more.

Kalamazoo County had the highest incidence of individuals trying to purchase excessive amounts of pseudoephedrine in 2012; state police statistics indicate that between January of last year and March of this year, the sales of 18.6 million milligrams were blocked. If Senate Bill 535 does pass, those who have been convicted of a methamphetamine offense and who do not have a prescription will not be permitted to purchase products containing the ingredient.

Proos also introduced two other bills separately, which would ultimately leave those who purchase products containing pseudoephedrine for someone else for the purpose of manufacturing meth facing criminal penalties including fines of up to $10,000 and/or up to 10 years in prison.

Michigan drug crime attorneys know that meth manufacturing is a real problem in the state, and that it ruins lives, reputations, and careers. However, those who are accused do have legal rights which must be protected.

October 9, 2013

Michigan Court of Appeals Grants Bond Hearing for Man Convicted of 1980 Murder

by Scott Grabel

In 2010, Jimmie Allen Nelson was convicted of a murder which occurred some 30 years ago. Nelson was found guilty in the 1980 murder of Cherita Thomas, who was 20 years old at the time. Authorities believe Nelson killed Thomas, and then buried her body after picking her up in AuSable Township when her car appeared to have broken down. The defendant freely admits that he did pick her up, then claims he drove her to a friend’s apartment before finally driving her to a restaurant, which was the last place he claims to have seen her.

Nelson, of Oscoda, appealed his conviction of second-degree murder in 2012. While the Michigan appeals court overturned his conviction and sent his case back to court, the judgment of the appeals court was reversed when the Attorney General’s Office appealed with the state’s Supreme Court. Ultimately, the Supreme Court determined that there was sufficient evidence for Nelson’s conviction, although it was circumstantial. Now other arguments regarding his conviction will be reviewed by the appeals court as the defendant hopes his conviction will be overturned on other issues.

In the meantime, Nelson’s defense attorney filed a motion that a hearing be conducted for “immediate consideration” regarding his client’s bond. Upon reversing his conviction in 2012, Nelson’s request for bond was denied; the same was true while he appealed the Supreme Court’s reinstatement of his murder conviction. The Michigan Court of Appeals granted the motion. Nelson’s bond hearing is scheduled in Iosco County 23rd Circuit Clerk on October 14.

Nelson, who is now 61 years old, is no stranger to the legal system. In 2006, Nelson was charged with five counts of perjury and one count of obstruction of justice in the disappearance of Thomas. He was also charged with murder in the Thomas case. While convicted of the other charges, the presiding judge in the case dismissed the murder charge against Nelson.

Prosecutors in the case appealed the dismissal, resulting in a 2010 trial in which Nelson was found guilty. His attorney appealed the conviction in 2012 and won, only for the conviction to be reinstated by the state’s Supreme Court earlier this year.

Nelson is currently incarcerated at the Michigan Department of Corrections Facility in St. Louis, Michigan, where he is serving a 25 to 50 year sentence for allegedly murdering Thomas.

Michigan criminal appeals attorneys know that the road to freedom is often long and full of holes for those wrongly convicted of crimes they did not commit. As indicated by the above story, the appeals process can be full of unexpected twists and turns. One moment your conviction has been overturned, the next moment another court disagrees.

October 9, 2013

One of Two Murder Charges Against Pierson Hood Gang Member Dismissed

by Scott Grabel

In 2004, two individuals were killed in a double shooting at the Super 8 Motel in Mt. Morris Township. Jajuan Fordham, 35, is an alleged Pierson Hood gang member who was charged along with another gang member in the deaths of Marcus L. Ballard, 25, of Flint, and Kenneth M. Edwards, 19, of Clio.

Fordham was initially charged with four counts of assault with intent to murder, conspiracy to commit murder, and two counts of murder in the fatal double shooting. Now, the charges against Fordham in connection with the incident have been dismissed by Genesee Circuit Judge Joseph Farah after Fordham’s attorney requested the case be dismissed when prosecutors refused to produce a witness who was held in federal custody.

David Leyton, Genesee County Prosecutor, said they would liked to have been able to proceed with the murder case. While prosecutors made a number of arguments as to why the case should continue, Judge Farah rejected them all. Deonte Matthews, the second suspect in the motel murders, also had charges dismissed against him earlier this year.

Charges were dropped against Matthews after his attorney argued that a confidential witness who could have cleared his client was never provided by federal authorities. Matthews has steadily held to the fact that he is innocent, and was in Tawas City with his ex-wife when the double shooting took place. The confidential witness was to have testified that Samuel Wood, a fellow gang member, was one of two who actually committed the murders. Authorities believe members of the Pierson Hood gang sought to kill members of the Merrill Hood gang in retaliation of an attack on Garner Wood, Samuel Wood’s brother.

While the charges related to the Super 8 Motel against Fordham were dismissed, he remains charged with murder in a separate incident involving the 2006 murder of Alvin Rauls who was shot and killed as he sat in a car with his girlfriend.

Michigan murder defense lawyers know that individuals convicted of any homicide offense including first- or second-degree murder face serious consequences, including the possibility of life in prison. These are serious charges which require outstanding legal support and guidance in order to reach positive results.