Breaking News 2013
December 23, 2013 - ASSAULT BY STRANGULATION AND DOMESTIC VIOLENCE CASE DISMISSED - at the preliminary examination in Detroit, Mitch's motion to dismiss the charges of assault by strangulation and domestic violence was granted by 36th District Court Judge Roberta C. Archer. Mitch's client was facing up to 10 years in prison if convicted of assault by strangulation.
December 12, 2013 - NOT GUILTY OF ASSAULT WITH INTENT TO MURDER - a Wayne County jury had acquitted Mitch's client of armed robbery the day before but continued deliberating that day and into the next day until they found Mitch's client not guilty of assault with intent to murder and assault with intent to commit great bodily harm less than murder on the morning of December 12, 2013. The winning defense theory was self defense. If convicted of assault with intent to murder, Mitch's client was facing life in prison, and if convicted of assault with intent to commit great bodily harm less than murder, Mitch's client faced up to 15 years in prison. The Wayne County Prosecutor's best offer before trial was a sentence agreement of a minimum sentence of 24 1/2 years in prison.
December 11, 2013 - NOT GUILTY OF ARMED ROBBERY - after a jury trial in Wayne County Circuit Court before Judge Mark T. Slavens which started on December 3, 2013, Mitch's client was found not guilty by a Wayne County jury of armed robbery. If convicted of armed robbery, Mitch's client could have been sentenced to life in prison.
November 14, 2013 - RELEASE FROM JAIL AND BOND REINSTATED - after an evidentiary hearing with testimony from a representative of Oakland County's pretrial services, Oakland County Circuit Court Judge Rae Lee Chabot changed her mind and reversed her decision from the day before revoking the defendant's bond. Mitch's client was ordered released from the Oakland County Jail and his previous bond was reinstated.
November 7, 2013 - NEW TRIAL GRANTED IN MARIJUANA CASE - a three judge panel of the Michigan Court of Appeals unanimously overturned Oakland County Circuit Judge Wendy Potts and 48th District Court Judge Marc B. Barron (Bloomfield Township) - reversing the possession of marijuana conviction of Mitch's client, suppressing the evidence and remanding the case for a new trial because of an illegal and unreasonable search and seizure by a Keego Harbor police officer in violation of the 4th Amendment of the United States Constitution (part of our bill of rights as Americans). Without evidence of marijuana, the prosecution will now be forced to dismiss the case.
November 1, 2013 - DRIVER LICENSE NOT SUSPENDED - After allegedly refusing to submit to a chemical test upon suspicion of drunk driving, Mitch demanded a hearing for his client to challenge whether or not the client's alleged refusal was reasonable. On the date of the hearing before Secretary of State Hearing Officer Odrobina, the arresting officer from the Hazel Park Police Department conceded the defense argument and withdrew the report of resual - as a result there was no suspension of the client's license for this alleged refusal.
October 22, 2013 - FELONY CHARGE REDUCED TO MISDEMEANOR DISTURBING THE PEACE - Mitch was prepared for trial, but at a pretrial conference in the Oakland County Circuit Court before Judge Rae Lee Chabot, Mitch's client agreed to plead no contest to a reduced charge of disturbing the peace, a misdemeanor - with an agreement to serve a period of probation with no time in jail. The original charge was fleeing the police - third degree - a felony which is punishable by up to 5 years in prison. This felony was dismissed by the Oakland County Prosecutor in exchange for the misdemeanor plea.
October 17, 2013 - CLIENT RE-SENTENCED TO A MINIMUM SENTENCE OF 25 MONTHS LESS THAN ORIGINAL SENTENCE - Saginaw County Circuit Court Judge Fred L. Borchard re-sentenced Mitch's client to a minimum sentence of 60 months to a maximum sentence of 15 years for a conviction for assault with intent to commit great bodily harm less than murder - after a successful appeal to the Court of Appeals. Mitch's client had originally been sentenced to a 95 month minimum sentence sentence and then re-sentenced to an 83 month minimum sentence. With jail credit Mitch's client's ERD (earliest release date) has been moved up to February 11, 2014 - this means that he can be paroled and released from prison on that date.
August 27, 2013 - NEW TRIAL GRANTED - FELONY CRIMINAL SEXUAL CONDUCT CONVICTION REVERSED AND SENTENCE VACATED - Mitch's client had been convicted of criminal sexual conduct - second degree in Iron County and was sentenced to prison by Iron County Circuit Court Judge Joseph C. Schwedler. Mitch handled the appeal and after briefs were filed and oral arguments held, a three judge panel unanimously agreed with Mitch that his client had been given ineffective assistance of counsel at his trial for the failure of his trial attorney to make timely objections and for failing to object to critical jury instructions and improper character evidnce. The Court of Appeals reversed the conviction of Mitch's client and ordered a new trial.
August 13, 2013 - SENTENCE VACATED - RE-SENTENCING GRANTED - Mitch represented this client in a second appeal. The client was originally sentenced to 95 months to 15 years in prison for a conviction for assault with intent to commit great bodily harm less than murder. Mitch appealed his client's re-sentencing (second sentencing) to the Michigan Court of Appeals. A three judge panel of the Michigan Court of Appeals unanimously agreed with Mitch that his client had been improperly assessed 10 points for Offense Variable 19 (OV 19) of the Michigan Sentencing Guidelines. The panel found that there was insufficient evidence from the facts in the record to conclude that his client had interfered with or attempted to interfere with the administration of justice and that "flight [from the scene of the crime] by itself provides no basis for scoring points under OV 19". The Court of Appeals panel vacated the sentence of Mitch's client and remanded the case back to the Saginaw County Circuit Court for a re-sentencing.
July 15, 2013 - ADDITIONAL JAIL CREDIT AWARDED - after a successful appeal, Judge Diane M. Druzinski of the Macomb County Circuit Court in Mt. Clemens granted the motion Mitch prepared for his client and granted additional days of jail credit.
June 4, 2013 - PROSECUTOR'S APPEAL DENIED - HYTA SENTENCE UPHELD - Mitch's client was given HYTA (otherwise known as YTA or Holmes Youthful Trainee Act) Status after he pleaded guilty to home invasion first degree. HYTA or YTA means that if a person successfully completes a probationary term the person will have the case against him or her dismissed without a felony conviction on their record. This plea was taken in Kalamazoo County before Kalamazoo County Circuit Court Judge Pamela L. Lightvoet. The Kalamazoo County Prosecutor appealed this sentence, claiming that the judge abused her discretion in granting HYTA to Mitch's client. Mitch answered this appeal and a 3 judge panel of the Michigan Court of Appeals unanimously agreed with Mitch and denied the prosecutor's appeal because his appeal lacked merit.
April 29, 2013 - A judge in Farmington Hills dismissed a felony charge of Larceny in a Building against Mitch's client. The client was on parole and was facing a possible parole revocation if convicted of this charge. Now he is free to go home.
April 2, 2013 - Mitch's client was facing charges of Home Invasion - 3rd Degree - at the preliminary examination a 36th District Court Judge in Detroit dismissed all charges.
March 12, 2013 -Mitch's client found NOT GUILTY of unarmed robbery by a Wayne County jury. He had more than 3 prior felonies on his record, so if convicted he could have been sentenced up to life in prison.
March 1, 2013 - Mitch's client found NOT GUILTY of all counts by a Wayne County jury. He was facing 6 charges; assault with intent to murder, armed robbery, assault with intent to do great bodily harm less than murder, felonious assault, carrying a concealed weapon, and felony firearm. If convicted he could have been sentenced to life in prison.
February 6, 2013 - ADDITIONAL JAIL CREDIT AWARDED - after a successful appeal, Judge Martha D. Anderson of the Oakland County Circuit Court in Pontiac granted Mitch's client 73 additional days of jail credit.
February 5, 2013 - RE-SENTENCING RESULTING IN A MINIMUM SENTENCE REDUCTION OF 23 MONTHS - Mitch's client was sentenced to a prison term by Oakland County Circuit Court Judge Leo Bowman of 71 months to 270 months for a criminal sexual conduct - second degree conviction. Mitch appealed this sentence by filing a motion to correct an invalid sentence because of the "10 year gap" rule that applied to the Michigan Sentencing Guidelines. Judge Bowman agreed to a re-scoring of the guidelines and to a re-sentencing and re-sentenced Mitch's client to a new prison sentence of 48 months to 270 months, a 23 month reduction in the minimum term that his client has to serve.
January 11, 2013 - RESTITUTION OBLIGATION REDUCED BY $10,000.00 - Mitch appealed his client's restitution obligation for his client who had been convicted of home invasion and had been ordered to pay $45,000.00 in restitution. Mitch filed a motion in Kent County Circuit Court and appeared before Kent County Circuit Judge Donald A. Johnson. In lieu of an evidentiary hearing to determine restitution, a resolution was reached where Mitch's client's restitution was reduced from $45,000.00 to $35,000.00.
January 7, 2013 - RE-SENTENCING WITH ELIGIBILITY FOR BOOT CAMP - Mitch's client had been sentenced to prison for a term of 29 months to 15 years for home invasion second degree and 29 months to 10 years for breaking and entering by Gladwin County Circuit Court Judge Roy Mienk. Mitch appealed and filed a motion to withdraw his client's plea. This motion resulted in a negotiation with the Gladwin County Prosecutor and with Judge Mienk for a re-sentencing to a minimum sentence in both cases to 24 months in prison which resulted in Mitch's client being eligible for prison boot camp. Mitch's client has now completed boot camp and has been released from prison and was placed on parole.