Michigan Criminal Lawyers Blog

September 8, 2020

Hunter Denied Appeal of Conviction in Accidental Shooting Death

Original Case Details

Back in January of this year, 46-year-old David Michael Barber was sentenced to up to 15 years in Michigan state prison for his conviction of involuntary manslaughter, felony firearm, and trespassing. He was given a minimum sentence of three years in prison by 13th Circuit Court Judge Thomas Power. Barber must serve these three years before he is eligible for parole. Investigators found that Barber had entered onto land owned by the victim while hunting on the first day of deer season. Barber thought he saw a buck about 60 yards away and fired a shot, killing the owner of the land. The victim was found lying over a deer that he was apparently field dressing. Field dressing is a process in which the animal’s internal organs are removed in order to preserve the meat. The big issue in Barber’s case was whether his actions constituted the amount of negligence needed in order to convict Barber of involuntary manslaughter. It doesn’t appear that Barber ever took the position that he did not shoot the gun. The facts that Barber entered onto another’s land and ended up accidentally killing the owner of the land were simply too much for Barber to overcome at trial.

Court of Appeals Decision

September 7, 2020

In Person Jury Trials in Michigan Courts Resume Slowly

by Grabel & Associates

COVID-19 Court Closures

The COVID-19 pandemic has obviously had its effects on pretty much everything in society today. Michigan courtrooms are no different; the COVID-19 pandemic has had a significant effect on the operation of Michigan courtrooms. Most courtroom business is now conducted over Zoom, changing a historic tradition of requiring defendants in appear in court, and in person for criminal matters. Along with these closures came significant reductions in the jail and prison populations in an effort to keep inmates safe from COVID-19. Michigan courts are now looking to continue the process of reopening safely under guidance from the state. Courts have been reopening different departments as they follow social distancing guidelines. Courts will not truly be open, however, until they are able to conduct in-person jury trials. Once this occurs, then it can be said that Michigan courts are really back to work as they were before the pandemic. Jury trials have been backed up in all courts across the state as they are the last thing on the list that courts will be able to do once open. If your case has been delayed due to a court closure, or you do not have information about your case, then it is important to speak to an experienced criminal defense attorney who can best help guide you.

Phased Reopening Plan

September 4, 2020

Man Serving 60 Years for Marijuana Conviction Gets Meeting with Parole Board

by Grabel & Associates

Original Case Details

In a previous blog, we detailed the case of Michael Thompson of Flint. Thompson was sentenced to a maximum of 60 years in state prison for his convictions of delivery of marijuana, felony firearm, and being a felon in possession of a firearm, with a minimum sentence of 42 years before he is eligible for parole. He has since served nearly 25 years of that sentence and will not be eligible for parole until he is 87 years old if his current sentence stands. Thompson is currently 69 years old. Briefly, Thompson was arrested in 1994 for selling three pounds of marijuana to a confidential informant. He was charged with the additional gun charges when police searched his home and found various firearms, mostly antiques. Due to the habitual offender law at the time, it allowed the judge to sentence Thompson to any term of years up to life in prison. This 42-60-year sentence isn’t even possible in today’s time for Thompson’s crimes. This issue has resulted in strong support for Thompson from various people, including the Michigan Attorney General Dana Nessel.

Support from Attorney General

September 3, 2020

Pontiac Man Accused in Triple Homicide Case

by Grabel & Associates

Original Case Details

A Pontiac man in his early 30s is facing multiple felony charges including three counts of first-degree murder for a triple homicide that appears to have been in response to a neighborly dispute that has continued over a period of years. The man, Kenneth Clay, turned himself into police the same night of the shooting. Police say that a total of four people were shot at Clay’s home on his front porch. They allege Clay came outside of his home armed and proceeded to open fire and shoot all four victims before leaving the scene. Three of the four that were shot died, one survived, and is listed in serious condition at a local hospital. Clay was arraigned in Pontiac’s 50th District Court by Judge Michael Martinez and was denied bond by Judge Martinez. He is currently lodged at the Oakland County Jail.

Criminal Charges and Potential Penalties

September 2, 2020

Two Men to Stand Trial for 11 Murders Related to Meningitis Outbreak

by Grabel & Associates

Original Case Details

Two men, Barry Cadden and Glenn Chin were charged with second-degree murder for deaths of 11 Livingston County residents because of a meningitis outbreak caused by tainted steroids. The case originated from the New England Compounding Center in Massachusetts where Cadden was a co-founder and Chin was a pharmacist. Lax standards and safety conditions resulted in steroids that were produced there being infected before they were distributed to clinics across the country. 11 Livingston County residents died allegedly due to the tainted steroids which caused a meningitis outbreak. Investigators connected the New England Compounding Center to various Michigan pain clinics, which included Michigan Pain Specialists, a clinic in Genoa Township. 53rd District Court Judge Shauna Murphy bound the case over to Livingston County Circuit Court for further proceedings after finding enough probable cause during the preliminary examination to continue the case forward. Judge Murphy heard testimony from former employees who spoke of the consistent violations in the New England Compounding Center’s clean room, along with how cleaning logs were falsified and how equipment was left to rust. Witnesses also testified about drugs which had not been tested for safety but were sent out anyways to clinics.

Previous Related Case

September 1, 2020

Former Macomb County Clerk Pleads No Contest to Larceny

by Grabel & Associates

Original Case Details

Former Macomb County Clerk Karen Spranger was accused of stealing money from a bank account of a 78-year-old woman that she was supposed to be taking care of. Spranger was alleged to have taken money from the woman’s account on eight separate occasions in January of 2019 without proper permission. It was alleged that she took a total of $1,660 from the woman by accessing her bank account and making withdrawals. Spranger was originally charged with felony larceny, as well as disturbing the peace for allegedly pulling the alleged victim from Spranger’s car, causing them both to fall. Spranger has since pled no contest to the disturbing the peace charge. Spranger was first accused of these charges in February of 2019, it took authorities until May of 2019 to catch up to Spranger and formally arraign her on the charges. Previously, Spranger was elected as the Macomb County Clerk in 2016 but was removed from the post in March of 2018 after St. Clair County Circuit Court judge ruled that Spranger lied about her actual residency which required her to be a Macomb County resident.

Criminal Charges and Potential Penalties

August 31, 2020

Federal Government Seeks Retrial Against Former State Representative

by Grabel & Associates

Original Case Details

The federal government continues to pursue legal action against Larry Inman, a Michigan state representative representing Michigan’s 104th District. Inman is accused of putting his vote out for sale relating to a 2018 Michigan wage law issue. He is alleged to have asked for a $30,000 campaign contribution to vote “no” on the wage law issue in a set of text messages. Inman faced a jury trial in December 2019 where he was charged with three separate federal offenses:

• Attempted Extortion: This is a federal felony that carries a maximum penalty of up to 20 years in federal prison upon conviction and a fine of up to $250,000.

August 27, 2020

Michigan Attorney General Puts Support Behind Releasing Man Serving 60 Years in Prison for Marijuana Conviction

by Grabel & Associates

Original Case Details

Back in 1996, Michael Thompson of Flint was sentenced to a minimum of 42 years and a maximum of 60 years for convictions of delivery of marijuana, felony firearm, and being a felon in possession of a firearm. Thompson was first arrested in 1994 for this case when he sold three pounds of marijuana to an undercover informant in Genesee County. Police later searched his home and found various firearms. These were firearms that he was not legally allowed to own because of previous felony convictions in the 1980’s. It has been since noted that most of these firearms were antiques that were locked away and that Thompson was not carrying a gun when he sold the marijuana to the informant. At the time of his sentencing, Michigan sentencing guidelines did not apply to habitual offender cases. The habitual offender law at the time allowed a judge to sentence Thompson for any term of state prison up to life in prison specifically for the felon in possession of a firearm charge, even though the normal maximum sentence for this charge is five years in state prison. This sentence in today’s times seems prehistoric as marijuana is both medically and recreationally legal in the state of Michigan today.

Michigan Attorney General’s Position Regarding Early Release

August 26, 2020

Michigan Court of Appeals Reopens Case Involving Baby’s Death

by Grabel & Associates

Original Case Details

Battle Creek Woman Tonia Miller was 19 years old when she was convicted of second-degree murder for the death of her infant child. She was sentenced to 20 to 30 years in prison back in 2003 for the death of her 11-week-old due to what a jury believed was a case of shaken baby syndrome. Miller’s baby was said to have problems breathing, where she would frequently stop breathing for no apparent reason. Miller testified that while she was feeding her baby, her baby stopped breathing and Miller gently shook her which started her breathing again. Miller was told by doctors that nothing was wrong and that she was being paranoid. Doctors at the time of the baby’s death believed that the death was due to shaking. The scientific understanding of the medical records in this case has now changed and medical experts believe that the cause of death may have been due to pneumonia, and not due to being shaken by her mother. In 2018, lawyers for Miller from the University of Michigan Innocence Clinic filed a motion for a new trial due to the new medical viewpoints. Two years later, the Michigan Court of Appeals has made their decision regarding re-opening Miller’s case.

Court of Appeals Decision

August 25, 2020

Mississippi Federal Judge Calls on Supreme Court to End Qualified Immunity

by Grabel & Associates

Qualified Immunity Generally

Qualified Immunity is a legal doctrine that makes it extremely difficult to sue a police officer or his or her department for wrong and usually illegal conduct by their officers. Unless you are able to show that the government official in question violated a “clearly established” law, then you will not be able to hold an officer or department financially responsible for their actions. This would include both constitutional and statutory rights. It is important to note that qualified immunity is not just immunity from having to pay money damages, it’s actually immunity from having to face any sort of trial at all. One of the biggest chants coming from civil rights protestors is that of ending qualified immunity so officers are held accountable for their actions. The incredible power of police unions and police departments has been a focus of public anger in recent months, leading to calls for police reforms of all kinds, including that of ending qualified immunity.

Mississippi Federal Judge’s Statement