Michigan Criminal Lawyers Blog

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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In March of 2011, Shawn D. Gardner was convicted by a jury of second-degree murder in the 2009 shooting death of 20-year-old Lennon Johnson Jr. outside a Flint nightclub. Gardner was also found guilty on charges of felony firearms and felon in possession of firearms. On April 17, Gardner’s conviction was reversed by the Michigan Court of Appeals on grounds that Gardner had ineffective counsel in his 2011 trial.

Gardner, who is believed to be a member of an alleged gang known as the “Howard Boys,” was serving 80 to 120 years in prison for Johnson’s murder. The gang, according to a news article at Mlive.com, had been formed in 2002; members allegedly used violence to control a territorial drug operation.

In January of this year Gardner was charged with two other murders related to incidents from 2004 and 2009. He was also charged with three counts of assault with intent to murder in connection with three shootings that occurred in 2004 and 2009.

In the murder of Lennon Johnson Jr., Gardner allegedly fired an assault rifle during a car chase involving the victim, who was struck in the head while inside his vehicle. His car then entered an intersection and was struck by oncoming traffic.

The appeals court found that Mark Clement, Gardner’s attorney in the 2011 trial, failed to object to polygraph evidence taken from a witness who pinned Ricco Holmes for the murder. Holmes was with Gardner at the nightclub the night of the murder, and the two men followed the victim out of the club.

Clement said there was nothing he could have done, and that had he requested a mistrial it would have either forced a new trial, or shone attention on the significance of the polygraph. Clement blames the error on prosecutors for asking about the results of the polygraph. Genesee County Prosecutor David Leyton told reporters that he intends to retry the case.

Michigan criminal appeals attorneys know that while it is not true in every case, there are times when mistakes are made in the legal justice system, or innocent people find themselves in a prison cell. The appellate court makes it possible in some cases for individuals to have a second chance in presenting their case, whether you feel you have been sentenced unfairly, or even wrongfully convicted.

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