» Criminal Appeals

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 evidence. The Court of Appeals reversed the conviction of Mitch's client and ordered a new trial.

Mitch appealed his client's convictions out of Macomb County for felonious assault after a road rage incident involving two other individuals. Mitch was able to persuade the Court of Appeals that his client's attorney at trial was ineffective for failing to introduce critical evidence at trial and for failing to request an important jury instruction pertaining to self defense. His client's felony convictions were revesered and he now has a right to a new trial.

J.B. was in prison for violating his probation. Mitch took over the case. After reviewing the file and the transcripts of the probation violation hearing, Mitch discovered several errors made by the prosecutor, judge, and defense attorney. An investigator was hired and interviewed several witnesses and determined that the rape allegations were a fabrication. Mitch appeared in court and successfully argued for a new probation violation hearing which was granted by the Mecosta County Circuit Judge. Before the new hearing was to begin, Mitch persuaded the county prosecutor to allow Mr. B to be released from prison and to be placed back on probation. All violation of probation charges were dismissed and Mr. B's probation was reinstated.

Mitch's client had taken bad advice from an appointed attorney in Oakland County to plead no contest to resisting police. Before he was sentenced, the client hired an excellent attorney who wanted to take this case to trial. Before anything could happen, the no contest plea had to be withdrawn. Mitch filed a motion to withdraw his client's no contest plea arguing that his client was innocent and that the police had made an illegal arrest and that the previous attorney was ineffective for giving bad advice to the client about the client's ability to sue the police. Oakland County Circuit Court Judge Shalina Kumar granted Mitch's motion. Later, Judge Kumar granted a motion to quash finding that the officer did not have any grounds to make an arrest. Case dismissed.

Mitch appealed his client's three felony convictions out of Berrien County after another attorney from Grand Rapids did a poor job representing the client at his jury trial. Mitch filed a motion to remand in the Court of Appeals which was granted. Then Mitch filed a motion for a new trial. An evidentiary hearing (Ginther hearing) was held where Mitch cross examined his client's trial attorney, exposing numerous instances of ineffective assistance of trial counsel, which prejudiced the client, denying him his constitutional right to a fair trial. Judge Angela M. Pasula of the Berrien County Trial Court agreed with Mitch's arguments and granted his client a new trial and vacated all of his convictions.

R. V. was convicted in Chippewa County of multiple counts of Assault with Intent to Commit Great Bodily Harm Less Than Murder. Mitch took over the case on appeal and filed a motion for boot camp. The Chippewa County Circuit Judge in Sault Ste. Marie granted this motion, and ordered that Mr. V. be considered for boot camp. The Michigan Department of Corrections was then able to screen and place Mr. V. in boot camp if he qualified. This is always an important consideration, because once a prisoner completes the three month boot camp, the prisoner gets an automatic parole.

Mitch appeared in Clinton County Circuit Court in St. John's Michigan for a re-sentencing for his client. His client was given minimum sentences of 9 years in prison. Previously, the client had been given three concurrent 15 year minimum sentences for breaking and entering and unlawfully driving away an automobile. Mitch appealed the original sentences to the Michigan Court of Appeals, and the Court of Appeals ordered a remand for a re-sentencing because his client's sentencing guidelines were incorrectly scored. Client will be eligible for parole in 2026, rather than his previous parole eligibility date in 2032

Judge Roy C. Hayes, III of the 33rd Circuit Court in Charlevoix County re-sentenced Mitch's client to a minimum prison sentence of 7 years for her assault with intent to murder conviction. Mitch appealed her original 12 year minimum sentence imposed by the previous judge and won a remand from the Court of Appeals on constitutional grounds. Mitch then persuaded Judge Hayes to re-sentence his client. With over 5 years credit for time served, she will become eligible for parole in September 2020, rather than September 2025.