Michigan Criminal Lawyers Blog

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.

Continue reading

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.

Continue reading

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.

Continue reading