It was recently determined by the Michigan Court of Appeals that the mandatory life sentence handed out to juveniles convicted of first-degree murder is unconstitutional. This development unfolded following the case of Miller v. Alabama, a case which held that sentencing juveniles to life in prison is essentially cruel and unusual punishment, and violates the Eighth Amendment. However, there approximately 350 individuals currently serving life sentences for murders which were committed as juveniles in the state of Michigan; as of now, it looks like those who are already imprisoned will serve the full sentence.

Approximately two weeks ago, the state of Michigan Court of Appeals ruled that 21-year-old Raymond Carp who was convicted of stabbing a woman to death in 2006 when he was 15 years old must serve out his sentence of life in prison. Carp requested a hearing for new sentencing after Miller v. Alabama, however the judges rejected his request.

Miller v. Alabama was a case in Alabama in which it was found that juveniles are not fully developed intellectually and less mature than adults, and therefore less culpable than adults in the case of serious criminal offenses such as murder. The U.S. Supreme Court agreed with the argument in this case, saying that lower courts must take into consideration factors such as maturity and age when juveniles are accused of murder.

In the case of People v. Carp, the life sentence was upheld after the Court stated that Miller v. Alabama is not a substantive rule change, but a procedural rule change. The Court determined that the rule change does not meet criteria which would allow it to be retroactive. Ultimately, under Michigan law the change does not apply to offenders such as Carp who have exhausted direct appeals, but applies going forward. Some attorneys predict that Carp’s case will be appealed to the state Supreme Court.

Michigan criminal appeals attorneys agree that sentencing a juvenile to life in prison without the possibility of parole for first-degree murder or any offense is extremely harsh punishment. Essentially, young people who are not fully developed mentally or mature have their entire lives and futures taken away from them.

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Diane Hathaway, a Michigan Supreme Court judge, has been accused of real estate fraud by the FBI, who believe that she and her husband, Michael Kingsley, fraudulently transferred property in order to wipe $600,000 in mortgage debt off of their Michigan home. The federal government filed a lawsuit recently which seeks to seize Hathaway’s Florida home.

News reports state that Hathaway and Kingsley submitted a hardship letter to ING Bank in 2010, requesting to do a short sale on their Grosse Pointe Park home; however, they did not disclose at the time that their Windermere, FL home had been put under Kingsley’s daughter’s name, according to the federal government.

Essentially, the FBI accused the couple of persuading a bank to allow a short sale on one property, while concealing control of the Florida real estate. Following the short sale of their Michigan home, the Florida home was transferred from Kingsley’s daughter’s name back to the couple, according to the lawsuit which was filed on November 19.

In her first formal response to the government’s lawsuit, Hathaway denied any wrongdoing, saying that while she and Kingsley did not disclose the transfer of their Florida home to their daughter, the bank did not ask about other properties. A court filing submitted on Friday, November 30 does not reveal the reason the couple transferred the Florida home and then got it back.

A written statement from Michigan Chief Justice Robert Young Jr. urges Hathaway to “clear the air and explain these transactions.” Young also said that allegations of fraud against any judge are a “dreadful development.”

Michigan fraud defense attorneys know that these allegations are serious, and that Hathaway and Kingsley could be facing serious punishment if found guilty of bank/real estate fraud. Many criminal offenses subject those convicted to substantial fines, prison time, and even forfeiture of professional licenses; federal sentencing guidelines are usually even more harsh than those at the state level.

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D’Andre Lane was convicted on child abuse and first-degree murder charges on October 12 after being found guilty by a jury of slaying his 2-year-old daughter. On Monday, December 3, Lane will be sentenced to life in prison without parole by Wayne County Circuit Judge Vonda Evans.

The crime took place in December of 2011, when the Detroit father faked a carjacking after allegedly killing his daughter, Bianca. News reports state that Lane claimed his vehicle was taken at gunpoint in Detroit’s North End neighborhood as Bianca sat in the back seat of the car. Police located the vehicle within an hour, but Bianca was nowhere to be found. Her body has not been found to this day.

Prosecutors alleged during Lane’s trial that he had used a stick wrapped in a towel to beat Bianca to death. He then disposed of the body, according to prosecutors, and attempted to cover it all up with the story about the carjacking. Prosecutors claimed that Lane murdered his daughter basically because she wet herself, and he believed physical punishment was necessary when toddlers have accidents.

During the trial, a cadaver-sniffing dog handler testified that the dog had detected the smell of a body both in Bianca’s bedroom at the home and in Lane’s car. Terry Johnson, Lane’s defense attorney, said that the guilty verdict came as a shock because of the lack of physical evidence. According to Johnson, prosecutors uncovered no physical evidence during the course of the investigation.

As of next week, Lane will live the rest of his life behind prison bars.

As Michigan homicide defense attorneys, we realize that while the majority of individuals locked away in prison for committing heinous crimes are guilty, there are many innocent people who lose their freedom, reputation and future. When an innocent person is incarcerated for life, it is a true tragedy – yet it happens.

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A West Olive Michigan teen has had her driver’s license suspended following a crash that resulted in the injury of friends who were passengers in the car she was driving. Danielle Michaels, 17, was driving herself and a group of friends to a Michigan State University basketball game when the crash occurred.

The crash took place on March 16th when Michaels and four other girls were headed to the game on eastbound I-96 near Lowell. The SUV crossed the median and rolled over; all five girls were rushed by ambulance to area hospitals. Investigators stated that the SUV struck the turnbuckle at the beginning of the cable barrier, then crashed through, eventually flipping over the cable barrier on the west side. Three girls who were riding in the back seat were ejected from the vehicle; they were allegedly not wearing seatbelts.

News reports at the time of the crash in March stated that all five of the Grand Haven High School students suffered serious injuries. On Thursday, November 15, Danielle Michaels was put on probation for a minimum of 6 months, and ordered to perform 40 hours of community service. Her driver’s license was also suspended. Michaels was also ordered to attend a driver improvement course and counseling, and will issue apology letters to all of the teen girls who were injured in the crash.

According to police reports Michaels was speeding at the time of the accident, talking with her friends and using a cell phone, although reports do not indicate whether she was texting or talking on the cell phone.

Michigan driver’s license restoration attorneys understand how tragic this situation is. Young adults often have the feeling they are invincible, that nothing bad will happen – but it does.

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In October of 2011, 61-year-old Bruno Joseph Perino of Powers was found guilty of second-degree criminal sexual conduct after being accused of sexual involvement with a girl under the age of 13. Perino was employed as a bus driver at the time for the Nah Tah Wahsh PSA in Wilson, Michigan. News reports indicate the incidents took place in Brampton Township on February 1 and 28 of 2011.

Perino was found guilty of the 15-year felony in a circuit court trial in October. After posting a $1,000 bond (10% of the $10,000 bond set for Perino), he remained free until his sentencing date of December 1st. Perino was found guilty after evidence was presented that allegedly proved inappropriate touching between Perino and the child.

Perino was ultimately sentenced in December to nine months in the Delta County jail, five years probation and required to register as a sex offender. Claiming insufficient evidence, Perino appealed the conviction; however it was upheld by the Michigan Court of Appeals.

Michigan sex crime appeals lawyers understand that accusing someone of a sex-related crime is easy, even when the accusations are unfounded. Individuals who are accused of any type of sex offense are often viewed as guilty in the eyes of the public, regardless of their guilt or innocence. Unfortunately, this includes jurors who may often convict an individual of an offense he or she did not commit, resulting in harsh penalties.

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UPSET (Upper Peninsula Substance Enforcement Team) arrested three individuals following a meth bust in Ishpeming on Monday, November 26. The three suspects were lodged at the Marquette County Jail pending arraignment on the charges, which include conspiracy to manufacture methamphetamine and possession of meth components.

The suspects who were arrested include 32-year-old Kelly Kathleen Warlin, 31-year-old Justin Carl Saari, and 46-year-old Chad Steven Warlin. UPSET detectives made the arrest, although they were assisted in the investigation by the Marquette County Sheriff’s Office and Ishpeming Police Department.

Members of the UPSET team collected hazardous chemicals and components used to manufacture meth from the home, according to news reports. UPSET is a team consisting of two multijurisdictional street narcotics teams. Founded in 1988, the team faced a budget cut earlier this year and now relies on private businesses, local government and independent donations to help continue their operations.

If convicted, Michigan drug crime attorneys know that the individuals involved face serious penalties. Methamphetamine is considered a Schedule II drug in Michigan; even for an amount less than 50 grams, those convicted may face up to 20 years in jail and fines of as much as $25,000. Substantial amounts of 1,000 grams or more can mean life behind bars and fines up to $1 million dollars. Other factors can make penalties even more harsh, such as if an individual has a previous criminal history, is found in possession of a gun or commits another offense in conjunction with or separate from the original crime he or she is accused of.

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Brandon Carmack, a 20-year-old Michigan State University student of Saline, was scheduled for a preliminary examination for allegedly assaulting his ex-girlfriend in August of this year. Carmack waived the preliminary exam slated for November 26 at 1:30 p.m., and has now been ordered to stand trial.

News reports state that Carmack allegedly assaulted his ex-girlfriend as well as others, then lied to authorities. Carmack faces multiple charges including two counts of assault and battery, stalking, filing a false police report of a felony and domestic assault and battery. After waiving his preliminary exam, a charge of first-degree home invasion was added.

On August 28, Carmack was reportedly intoxicated when he called his ex-girlfriend during the early morning hours. She was at a gathering of roommates, friends and members of the university’s hockey team according to news reports. Police reports claim that Carmack stormed into the house where the gathering was being held after he demanded to see his ex-girlfriend. He then attempted to choke her after grabbing her neck, at which time men in the home intervened. Some of the men were MSU hockey players; reports allege that Carmack also assaulted some of the men who were present.

When preliminary examinations initially began on November 7, several MSU hockey players and Carmack’s ex-girlfriend testified about his assaultive behavior. Police reports claim that Carmack told the woman he would ruin her reputation.

Carmack alleges that following the assault incident he was stabbed in the head and arm, beaten, and suffered a broken nose. He also claimed that MSU hockey players broke his ribs. His allegations were investigated by East Lansing police. Currently, Carmack is free on a $10,000 cash surety bond.

In Michigan, misdemeanor assault and battery charges which apply to those who are not subject to other criminal penalties leave those convicted facing fines of as much as $500 and up to 93 days in jail. However, Michigan criminal defense attorneys know that in cases like the above where the accused is facing numerous charges including home invasion, the consequences will likely be far worse.

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William Rice, once the head of the homicide division of the Detroit Police Department, recently appeared in court facing allegations of drug dealing and possession, mortgage fraud, operating a criminal enterprise and more. Detroit residents are no doubt used to hearing the words Detroit and corruption together, certainly more often than they would like.

According to news reports, William Rice was engaged in criminal activity while working for the Detroit Police Department headquarters located on Beaubien. Rice went before Wayne County’s 36th District Judge William C. McConico November 20th. In the courtroom, testimony was given by the director of the State Police Crime Lab in Northville, Jurgen Switalski, who claimed he identified or tested over 100 pills which were allegedly confiscated during the investigation of Rice. Some of the drugs reportedly identified include generic Xanax, hydrocodone and those containing codeine.

In February of this year, charges were brought against Rice and his girlfriend, Cheryl Sanford, by the Wayne County Prosecutor’s Office Deed Fraud Unit, claiming that the duo operated a criminal enterprise between 2006 and 2011. The two were facing a total of 16 criminal charges at that time, some of those mentioned above along with giving false information in order to obtain federal funds for mortgage. In June, the two went before a judge to determine if they would stand trial for mortgage fraud.

The next hearing for Rice is scheduled for December 4 at 11 a.m. According to Tiffany McEvans, Rice’s defense attorney, the defense team will recall two witnesses for the prosecution to the stand for testimony, a Detroit state trooper and Special Agent at US Housing and Urban Development, Matthew Nutt.

Due to all of the recent publicity, Rice’s name came up regarding case files that have allegedly been lost during his tenure with the Detroit Police Department; one case in particular is that of Arthur Bell, a man who claims he did not commit the murder he was convicted of. Bell said that when requesting his case file he was told that the file was lost. Attorneys claim that this was a frequent occurrence when Rice was in charge.

Michigan criminal defense lawyers know that if convicted on the multiple charges leveled against him, Rice will likely face years or even life in prison.

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In 2004, Nancy Seaman killed her husband who had, according to Seaman, battered her; she reportedly killed Robert Seaman one morning before going to school where she was a teacher. Seaman allegedly stabbed her husband 21 times and struck him with a hatchet 16 times in the garage of their Farmington Hills home. She is currently serving a life sentence after jurors in her 2005 trial found Seaman guilty of first-degree murder.

According to news reports Seaman never denied killing her husband, but said that she was a victim of both physical and emotional abuse, and that her husband had threatened her the day of the murder. When Seaman could not find a substitute to take her place that day, she went on to school, returning later in the day to get rid of the blood stains in the garage with bleach, and to wrap her husband’s body in a tarp, which she then placed in the trunk of her car.

In October of 2010, U.S. District Judge Bernard Friedman stated that Seaman’s defense attorney did not do enough to fully develop Seaman’s claim that she was a battered spouse. Seaman was granted a new trial at that time, however an appeals court panel determined last week that Friedman’s view of the case was too broad. The decision to grant her a new trial was overturned by a federal appeals court last week.

It was noted by the appeals court panel that in the initial trial, Seaman’s attorney did bring forth expert witnesses who talked about BSS (battered spouse syndrome), and that BSS was presented as a defense. However, the court stated that under Michigan law, battered spouse syndrome is not a viable defense. When the decision to grant Seaman a new trial was overturned last week, the ruling said that, “Even if the jurors believed that Seaman was a battered spouse, they still could have rejected her claim of self-defense.”

Michigan murder appeals attorneys understand that cases such as this are quick to be picked up by the media. It is a prosecutor’s job to get a conviction; this is first priority. However, there are mitigating circumstances in which even an individual who has already been convicted deserves another chance.

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A 71-year-old man was arrested recently after Michigan State Police responded to reports of a vehicle heading into oncoming traffic on Interstate 75 between Frankenlust Township and Kawkawlin Township, approximately 90 miles northwest of Detroit.

After receiving calls reporting the wrong-way driver, troopers located the vehicle in Kawkawlin Township just south of Beaver Road on I-75. The elderly man was heading north in southbound lanes, and had driven 13.1 miles on the interstate before being apprehended. Luckily, no accident or injuries were reported.

The man, who was not named in news reports, is an Alger resident. He was reportedly traveling from Saginaw to Alger when the incident occurred. Upon his arrest police took the man to the Bay County Jail where he spent the night, and was expected to face a charge of reckless driving on Tuesday, November 13.

Troopers also reported that drivers in the southbound lanes had to drive cautiously, flashing their headlights repeatedly in order to avoid a collision with the man’s vehicle. No drugs or alcohol were involved in the incident according to troopers, who also said a medical emergency was not a factor.

Penalties for a conviction on charges of reckless driving include a fine of up to $500, up to 93 days in jail and points on the individual’s driving record. Penalties for repeat offenders or those who have been charged with an additional offense may be even more severe. However, Michigan driver’s license restoration attorneys know that often, the harshest penalty is a hard suspension of the individual’s driver’s license for 90 days. Not being able to drive to work, to doctor appointments, to shuttle the kids or for any reason is a great hardship on most people.

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