Michigan Criminal Lawyers Blog

February 17, 2014

Appeals Court Rejects Appeal of Michigan Pot Farmers Convicted of Drug Trafficking

In June and August of 2011, Monroe County Sheriff’s Deputy Ian Glick conducted searches on property owned by a family with licenses to grow a specific amount of marijuana to be used for medical purposes under MMMA (Michigan’s Medical Marijuana Act). Gerald Duval Jr., one of the property owners, is classified as a patient under MMMA; Duval’s two children are registered under MMMA as both caregivers and patients, according to Courthousenews.com.

The investigation revealed that the Duval’s were growing more than 211 marijuana plants on the property, located in greenhouses within barbed wire and chain link fences. Ashley and Jeremy Duval, Duval’s children, are allowed to grow up to 72 plants each as patients/caregivers. Duval himself is permitted to grow as many as 12 plants. News reports indicate that Gerald and Jeremy Duval tried to suppress evidence obtained in the searches, maintaining that they were permitted to grow a certain number of marijuana plants under MMMA. The June search of the property resulted in the discovery of 144 live marijuana plants; after receiving a tip, the property was searched again in August, when an additional 67 plants were found. Ultimately, it was determined that 211 marijuana plants were being grown, more than allowed under the MMMA.

Gerald and Jeremy Duval were eventually charged with drug trafficking and convicted. Gerald was sentenced to 10 years in prison, while Jeremy was sentenced to 5 years. The Duval men appealed the conviction, claiming that because Glick and other law enforcement officials had visited the farm on other occasions for other purposes, they were aware the marijuana was there, making the search warrants invalid. The defendants also challenged the origin of the search warrants, claiming that the state magistrate granted the warrants, which should have been obtained from a federal magistrate.

February 14, 2014

Prominent Detroit Minister and Activist Charged with Domestic Violence

by Scott Grabel

On Thursday February 13, a prominent minister and activist in Detroit turned himself in to the Detroit Police Department and was charged with domestic violence against his wife. Rev. Horace L. Sheffield III, minister at New Destiny Baptist Church, was booked, charged, and released on a $7,500 bond, according to news reports at Mlive.com. Sheffield was also charged with preventing a crime report.

Sheffield was charged following an incident which occurred on Monday at the couple’s home in the 19000 block of Warrington. Sheffield and his wife, Dianna L. Solomon, are in the process of getting a divorce; the minister filed for divorce from his wife in November of last year, according to Wayne County Circuit Court records.

Solomon had returned to the couple’s home after moving out to gather some belongings when an argument ensued. Solomon then attempted to call police when Sheffield tried to take her cell phone away. According to Sheffield’s spokesman Adolph Mongo, the issue should have been worked out in divorce court, not criminal court, as the case is about a cell phone rather than physical violence.

February 13, 2014

Godspeed Taxi Driver Facing 15 Charges in Connection with Alleged Rape

by Scott Grabel

Robert Hezekiah Prescott, a 38-year-old Kalamazoo taxi driver who works for Godspeed Taxi, is facing trial for the alleged sexual assault of a woman who used his cab service on January 12 of this year, according to news reports at Mlive.com.

Court documents indicate Prescott was bound over for trial last month. The alleged victim, who had ridden in Prescott’s taxi on multiple occasions, said that Prescott told her they were going to go to his home, to which she replied, “No, we’re not.” He then allegedly forced her into the back of the cab and raped her. Prescott drove the woman home, at which point she notified police. Prescott was arrested later that evening by Kalamazoo Public Safety Officers.

According to the Michigan Department of Corrections, the defendant was on parole at the time the alleged sexual assault occurred. He has been charged with four counts of first-degree criminal sexual conduct, one count each of possession of a firearm by a felon, assault with a dangerous weapon, carrying a concealed weapon, and unlawful imprisonment, and seven counts of felony firearm.

February 13, 2014

Saginaw Township Man Sentenced to One Year in Jail for Sexual Assault

by Scott Grabel

On Tuesday February 4, 37-year-old Ryan D. Tafel of Saginaw Township was sentenced to one year in prison and one year on a GPS-enabled tether after pleading no contest to attempted first-degree criminal sexual conduct. Saginaw County Circuit Judge Janet M. Boes sentenced Tafel, who pleaded no contest to the charge in exchange for prosecutors dismissing three counts of first-degree criminal sexual conduct. Tafel allegedly sexually assaulted a young female relative, according to news reports at Mlive.com.

Tafel is accused of sexually assaulting the female relative in Saginaw Township in 2005 and 2012; the girl is now 14 years old. The victim testified at Tafel’s preliminary hearing in May of last year behind closed doors. According to Christopher Boyd, Saginaw County Chief Assistant Prosecutor, Tafel was offered a plea agreement due to the prosecutor’s office trying to spare the teenage girl the stress of testifying, and because of potential proof problems.

Tafel declined a plea deal offered by prosecutors in which he would have pleaded guilty to second-degree CSC against someone under the age of 13. The plea would have left him facing three to 15 years in prison. He also declined to take a polygraph test.

February 12, 2014

Investigators Suspect Pair of Bank Robberies in Blackman-Leoni Township Committed by Same Man

by Scott Grabel

Two banks were recently robbed in Blackman-Leoni Township, both located on E. Michigan Avenue. Now, investigators believe that one man is responsible for robbing a FirstMerit Bank on January 31, and a Flagstar Bank branch on February 7, according to news articles at Mlive.com.

Public safety Detective Sgt. Christopher Boulter said that the individual who entered the Flagstar Bank resembled the individual who robbed the FirstMerit Bank, and that the perpetrator in both robberies was wearing the same mask. Boulter also said a similar method and weapon were used in the bank robberies.

On Friday February 7, the man entered the Flagstar Bank branch at approximately 4:30 in the afternoon; according to Boulter, the robber jumped a counter and demanded money after brandishing what appeared to be a semi-automatic handgun. The FirstMerit Bank, robbed just a week earlier, is located within one mile of Flagstar Bank. In the first robbery, the suspect was wearing a dark grey hooded sweatshirt and a black mask. The man demanded money while brandishing a black handgun.

February 11, 2014

Defendant Pleads Guilty in Death of University of Michigan Medical Student Paul DeWolf

by Scott Grabel

On Friday February 7, 21-year-old Shaquille Jones pleaded guilty to second-degree murder in the shooting death of University of Michigan medical student Paul DeWolf, who died in July of 2013. Jones, who is from South Carolina, will spend a minimum of 18 years and nine months for his role in the shooting death, according to news reports at Mlive.com.

Thom DeWolf, the deceased medical student’s father, said that hearing a firsthand account of how his son was killed was more difficult than he expected it to be.

Jones and another man, Joei Jordan also of South Carolina, were each charged with open murder and three counts of home invasion. Paul DeWolf was shot to death in his room at the fraternity house after Jones and Jordan broke into the room, stealing only a PlayStation 3. Authorities suspect the two men broke into the room because of a rolled up towel they mistook as indication someone was smoking marijuana in the room. DeWolf had placed the towel at the bottom of a door to keep air conditioned air inside the room.

February 7, 2014

New Trial Underway for Flint Man Whose Murder Conviction was Reversed by Appeals Court

by Scott Grabel

In April of 2013, we wrote about the successful appeal of Shawn D. Gardner, a Flint man who had been convicted of murdering Lennon Johnson Jr. outside a Flint nightclub. Johnson’s conviction was reversed by the Michigan Court of Appeals based on ineffective counsel during his 2011 trial.

The appeals court determined that Mark Clement, Johnson’s defense attorney at trial, did not provide his client effective counsel. Polygraph evidence of a witness who pinned the fatal shooting on Ricco Holmes, a man allegedly involved in the murder with Gardner, was allowed at trial. Clement did not object to the polygraph evidence. Gardner was ultimately convicted of second-degree murder in March of 2011 and sentenced to 80 to 120 years in prison.

Gardner’s new trial began on February 4; he is being represented by Michael Ewing. Johnson’s former attorney said regarding the polygraph statement presented by prosecutors that there was nothing he could have done, the statement was already out there.

Following the appeals court’s ruling, Genesee County Prosecutor David Leyton said that he was disappointed in the results, and that Johnson’s conviction was reversed by the appeals court due to Clement’s actions.

It will be interesting to see how the new trial progresses, and whether Johnson is once again convicted for the murder of Lennon Johnson Jr.

Michigan criminal appeals attorneys understand how rare it is to have a conviction overturned by the Michigan Court of Appeals. Johnson and his new defense counsel have now been given a second chance to reach a different outcome, and perhaps gain Johnson’s freedom. The appeals court rarely reverses a conviction, however the majority of cases involve ineffective assistance of counsel.

February 7, 2014

Appealing a Criminal Conviction in Michigan

by Scott Grabel

Being convicted of a crime in Michigan can not only take away your freedom, it can affect your employment, reputation, even your immigration status. If you or a loved one have been convicted of armed robbery, home invasion, theft, or even a sex or homicide crime, you may have heard the term ‘post-conviction relief.’ This is a general term often used in regards to appealing a criminal conviction and encompasses various statutory and equitable claims including vacating a conviction, modification of a conviction/sentence, motioning for a new trial, Habeas Corpus petitions, release, etc.

It is important to note that not every defendant may seek an appeal. For instance, someone who pleads guilty to a criminal offense may waive his or her right to an appeal. In a nutshell, an appeal is not a new trial, it is an opportunity in which those convicted may have the decision made by the lower court reviewed by the appellate court. A panel of judges will review trial records to determine whether the defendant’s claims of ineffective counsel, improper testimony, or other grounds for appeal are valid. The job of the appeals court is also to ensure the law was applied properly in terms of the verdict reached and sentencing, and that proper protocol was followed at trial.

The process of appealing is fairly straightforward, however it is essential to obtain the services of an experienced and dedicated Michigan criminal appeals attorney. Your lawyer will notify the appropriate court of your intent to appeal a verdict or sentence, then file a claim on your behalf. In most cases, the defendant will not appear at court. An appellate court panel will review written court documents, which include the documented transcripts taken by the court reporter at trial along with records of the court proceedings and other documents. This is where the experience and ability of your attorney comes in; whether or not the appeal is successful often hinges on the documents and information filed by your criminal appeals lawyer.

February 6, 2014

Hartford Couple Face Drug Charges Following Seizure of 105 Grams of Marijuana

by Scott Grabel

On Wednesday February 5, police discovered 105 grams of marijuana upon searching a Hartford couple’s home. The two individuals, who were not named, include a 20-year-old female and a 21-year-old male, according to news reports at Mlive.com. Investigators claim that a toddler was present at the residence as well.

Authorities received a tip that marijuana was being sold from the home. Hartford city police obtained a search warrant which was executed at approximately 9:30 a.m. at the residence located on Austin Street. The Van Buren County Sheriff’s Office narcotics unit then began an investigation and seized approximately 3.5 ounces of marijuana, along with smoking paraphernalia, a digital scale, and packaging supplies.

The two occupants of the home were not arrested at the time, but are facing charges of maintaining a drug house. Once the investigation is complete the details will be forwarded to prosecutors who will review charges of maintaining a drug house and possession with intent to deliver marijuana. In addition, the case will be sent to CPS (Child Protective Services) so that the agency can investigate the circumstances of a one-year-old child living at a home where drug activity is allegedly taking place.

Maintaining a drug house and marijuana possession with intent to sell or deliver are both very serious charges in the state of Michigan. Even those who are convicted of possessing less than 5 kg of marijuana will face up to four years in prison and fines of as much as $20,000. While individuals may or may not face prison time of up to two years for maintaining a drug house, he or she may still be ordered to pay a civil fine of up to $25,000 if penalized by the state.

February 5, 2014

Cadillac Man, Woman Charged with Operating/Maintaining Meth Lab

by Scott Grabel

On Friday January 31, two people were arraigned on methamphetamine charges. 41-year-old Shannon Marie Little and 47-year-old Darrin Lee Wright, both of Cadillac, were arrested on Thursday after a three-week long investigation led authorities to believe the two were operating and maintaining a meth laboratory, according to a news article at Cadillacnews.com.

According to Detective Lt. Dan King, TNT (Traverse Narcotics Team) received a tip from an anonymous source claiming the occupants of the home located at 432 E. Harris St. were cooking meth. On the evening of the arrest, investigators found a meth lab inside the residence.

Both defendants have been charged with manufacturing meth, operating/maintaining a methamphetamine lab, possession of meth, conspiracy to manufacture meth, and maintaining a drug house. Little and Wright have also each been charged with five counts of using a computer to commit a crime.

Little’s sentence could be doubled if convicted due to her status as a repeat offender, as she has convicted previously of marijuana possession. Wright’s sentence may be doubled as well as he has a habitual offender, third notice.

The defendants’ pretrial hearing was scheduled for Tuesday, February 4.

If Little and Wright are convicted of the criminal charges against the, both will likely spend substantial time behind bars particularly considering their criminal status. The maximum penalty for operating/maintaining a meth lab is 20 years. Using a computer to commit a crime also carries a maximum penalty of 20 years in prison. If a plea agreement is not offered and the two go to trial and are convicted, each could potentially spend the rest of their lives in prison given the fact their sentences may be doubled.