Handled Over 1001 Michigan Appeals

Nov 16, 2020

OUTCOME: Remands, Reversals, Resentencings, Dismissals, and Affirmations

PEOPLE v LASENBY

Oct 30, 2020

OUTCOME: Given 2 years credit time-served, between when free after Michigan failed to pick him up after release from an Ohio prison and his later arrest. This equitable relief was despite no Michigan case law previously supporting this decision.

Michigan failed to pick up Mr. Lasenby following his release from prison out-of-state. Mr. Lasenby spent years as a free man, before he was arrested and incarcerated again.

STATE OF MICHIGAN V. KELLY

Dec 20, 2019

OUTCOME: Remanded for New Trial

It was improper to use Defendant's admission against him, which had been given while he was handcuffed and without being advised of his Miranda rights.

UNITED STATES OF AMERICA v OVERMYER

Aug 15, 2019

OUTCOME: Remanded for Resentencing

Federal US Court of Appeals for the Sixth Circuit found that the sentencing judge only addressed part of Overmyer's argument in the lower court, and the lower court failed to address on the merits a go ... od potentially successful argument that Overmyer had made in the lower court. The appellate court remanded in order to give the lower court the opportunity to reexamine this issue and decide it completely on the merits.

STATE OF MICHIGAN v ZAMAN

Apr 04, 2018

OUTCOME: Early immediate release ordered, where prior judge refused to allow Mr. Zaman to accept the plea offer.

Trial court judge refused to allow plea under plea agreement that Defendant's counts would run concurrent. Judge then sentenced Defendant on 5/25/2016 to serve a minimum of 9 years and 3 months in pri ... son. The Judge also ordered Defendant pay nearly $8,000 restitution to police for their investigation. Court of Appeals ordered that a new, unbiased judge shall resentence Defendant to concurrent sentences, within his Guidelines; and that Defendant does not have to pay this restitution. On 4/4/2018, Defendant was resentenced to time served, without having to pay any restitution, and released after having served less than only 3 years.

PEOPLE OF MICHIGAN v GUTIERREZ

Sep 15, 2016

OUTCOME: Resentenced

Court of Appeals ordered resentencing where Defendant had his sentence improperly increased due to charges that had been dismissed.

STATE OF MICHIGAN v HAWKINS

Aug 27, 2015

OUTCOME: Plea withdrawal granted

Where Defendant (already serving a sentence of up to 25 years) had pled no contest because he was so intoxicated that he did not recall the offense, he was allowed to withdraw his plea after appellate ... counsel showed that the victim was not credible.

PEOPLE OF MICHIGAN v LAMERE

Aug 20, 2015

OUTCOME: Resentenced

Defendant's sentence was improperly increased by the improper scoring of two offense variables that determined his sentencing guidelines range.

STATE OF MICHIGAN v ROBINSON

Sep 04, 2014

OUTCOME: Conviction set aside, and charges dismissed.

Trial Court post-conviction motion to set aside prior conviction based upon new evidence, where prior appellate counsel previously failed on such a motion.

STATE OF MICHIGAN v VERHEY

Dec 16, 2013

OUTCOME: Resentenced to time served.

Court of Appeals remanded for resentencing following error in scoring sentencing guidelines.