Michigan Criminal Lawyers Blog

In April of this year, 50-year-old Clifford McNeal was convicted of third-degree theft in connection with a string of burglaries in 2011 involving the theft of large construction tools and equipment from three construction companies, one owned by Ken and Lisa Steck, Christner Construction, and Batten and Shaw, Inc.

McNeal appealed his conviction claiming that the search warrant that resulted in his conviction was not supported by probable cause. Two other men, John Wey and Michael Jones, were co-conspirators in the case. According to a news article at the Ottumwa Evening Post, Wey and Jones frequently broke into buildings to steal equipment and tools to sell. After being reported by David E. Downen of Downen Construction as one of the burglars, Jones told investigators in an interview that he and Wey frequently broke into buildings and stole tools and equipment to sell in order to support their drug addictions. Wey allegedly sold most of the stolen property to Cliff McNeal, who allegedly knew that the property was stolen.

McNeal allegedly stored the stolen construction tools and equipment in an enclosed trailer according to Jones, who said that McNeal had recently moved the trailer outside of town to a rural location. Police obtained a search warrant, however Jones admitted he did not know where the trailer actually was. Police did locate the trailer, however McNeal’s attorney challenged the search warrant, claiming it did not meet state law and U.S. Constitutional requirements regarding protection against unreasonable searches and seizures. McNeal was found guilty after the district court rejected the argument, however the appeals court reached a different conclusion.

On Wednesday November 5, the Texas Court of Criminal Appeals sent the murder case of Alfred Dewayne Brown, a man convicted in the 2003 death of a veteran Houston Police Officer, back to the lower court for a new trial. Brown allegedly shot Charles R. Clark during the course of a burglary at a check-cashing store. Now, Brown’s 2005 conviction and death sentence have been thrown out by the appeals court because of new evidence that has come to light, evidence that was allegedly withheld by the Harris County District Attorney’s Office.

Devon Anderson, District Attorney in the case against Brown, said in a statement that their office discovered that material information was not provided to the defense at trial. Their office agreed that the defendant should receive relief in order for justice to be served, however she did not reveal whether the state would try Brown again for the murder, or dismiss the case.

Brown has always insisted that he was not at the check-cashing store when the officer was shot, that he was at his girlfriend’s apartment. While his defense lawyers did not present evidence to support his claim, Brown said that he had made a landline call that could prove his innocence. Brown appealed his conviction once and lost, however a private law firm took over in 2007 and began a search for evidence that would support their client’s alibi.