People v. Pinkney, 501 Mich. 259, 912 N.W.2d 535 (2018)

May 01, 2018

OUTCOME: The Michigan Supreme Court held that Pinkney was convicted under a statute that did not actually proscribe an offense. My website, https://timhollowaylaw.com, provides more information about this and other cases.

Oral argument in the Michigan Supreme Court on this matter may be viewed on YouTube at this address. https://www.youtube.com/watch?v=iEHqwzUKvrA

Rudolph v. Lloyd, 807 Fed. Appx. 450 (6th Cir. 2020)

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OUTCOME: Mich. Veterans Preference Act and Due Process violations. Reinstatement ordered. Settlement of the amounts for back pay and other damages. Mandatory contributions to retirement account based on back pay. Award of attorney fees.

The U.S. District Court ruled that Rudolph was entitled to a due process hearing under the U.S. Constitution in relation to the property interest in employment created by the Michigan Veterans Preferen ... ce Act (MVPA), M.C.L. 35.402. The decision-maker (essentially an arbitrator), for the hearing ordered by the U.S. District Court, found Rudolph's termination was improper. The U.S. District Court then entered an order reinstating Rudolph to employment. After this order, the defendants appealed and argued, among other things, that the MVPA did not apply to public Michigan universities. The 6th Circuit U.S. Court of Appeals affirmed the lower court. After the decision on appeal in 2020, the case was finalized in the U.S. District Court. Rudolph had been dismissed in 2015.

Flake v. City of Detroit, et al, Wayne County Circuit Court #93-315698

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OUTCOME: Public employee's constitutional rights violated. After the lengthy appellate process, the matter was resolved after the Circuit Court entered orders for reinstatement, back pay, interest and attorney fees.

Flake was dismissed as a police officer for the City of Detroit based on his refusal to comply with a strip-search urinalysis procedure. This violated the Fourth Amendment and Due Process. The trial ... court dismissed Flake's claims based on the statute of limitations and a prior class action involving this strip-search urinalysis procedure. Flake overcame both of these issues after two rounds of proceedings in both the Michigan Court of Appeals and Michigan Supreme Court.

United States v. Cromer, 389 F.3d 662 (6th Cir. 2004).

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OUTCOME: convictions vacated

The 6th Circuit U.S. Court of Appeals vacated Cromer's convictions based on the violation of Cromer’s right to confront and cross-examine an unnamed informant under the Confrontation Clause of the U.S ... . Constitution. The alleged out-of-court statements of an unnamed informant had been admitted against Cromer at trial.

McGowan Trust v. Thomas, 2013 Mich. App. LEXIS 245, 2013 WL 514650

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OUTCOME:

Represented defendants in a dispute over real estate on Lake Michigan. I was brought into the matter after an order denying the defendants summary disposition was entered by the trial court and an ord ... er regarding whether the matter would be heard by a jury or by the judge. The plaintiffs obtained leave to appeal on the judge-jury issue. The defendants cross-appealed the denial of the motion for summary disposition. The Michigan Court of Appeals reversed the lower court regarding the denial of the motion for summary disposition, resolving the entire suit in favor of the defendants. The judge-jury trial issue thereby became moot.

People v. Denne, 2019 Mich. App. LEXIS 989

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OUTCOME: lower court reversed; case dismissed

Michigan Court of Appeals peremptorily reversed the trial court and quashed the criminal charges. The charges involved allegations of harboring a fugitive. The lower court had ruled there was suffici ... ent evidence to proceed to trial.

People v. Goodale, 2010 Mich. App. LEXIS 1097, 2010 WL 2384922

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OUTCOME: convictions reversed and charges dismissed

Defendant was convicted in relation to payments for providing child care. The payments were received from the Michigan Department of Human Services. The convictions involved a claim that the defendna ... t neglected to report information concerning a change in circumstances decreasing the need for relief, in violation of M.C.L. 400.60(2)(c). The Michigan Court of Appeals held that defendant's conduct related to the convictions was not proscribed by M.C.L. 400.60(2)(c).

Sawyer v. Hofbauer, 299 F.3d 605 (6th Cir. 2002).

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OUTCOME: grant of writ of habeas corpus in relation to counts from Hillsdale County; counts from Ingham County remained intact. This matter is listed on the National Registry of Exonerations.

People v. Donald Heistand, Otsego County, Michigan

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OUTCOME: convictions vacated; This matter is listed on the National Registry of Exonerations.

This matter involved the death of an oil field worker in Otsego County in 1986. In 1989, Heistand pleaded no contest to being an accessary-after-the-fact to murder. Heistand maintained his innocence th ... roughout the process. Extensive problems with Heistand’s conviction and the convictions of co-defendants were discovered during litigation by two of the co-defendants, Walter “Terry” Moore and Mark Canter. Heistand was able to withdraw his no contest plea in 2001. He was not subjected to a trial. This ended the criminal matter against Heistand.

People v. Hannigan, 2018 Mich. App. LEXIS 362, 2018 WL 1073204

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OUTCOME: evidence suppressed; case dismissed

Brought into the matter by the trial-level attorney to work on the appeal of the trial court's decision denying motion to suppress under the Fourth Amendment. The Michigan Court of Appeals reversed th ... e lower court