» Criminal Appeals

Mitch's client had previously pleaded guilty in Kalamazoo County Circuit Court to maintaining or operating a meth lab, a felony punishable by up to 20 years in prison. The inducement for this plea was a promise to get "swift and sure" drug court probation - this was a Cobbs agreement with the judge. At sentencing, the prosecutor accused the defendant of misconduct while in jail and sentenced the defendant to 88 months to 20 years in prison and did not permit the defendant to withdraw his guilty plea. Mitch took on the appeal seeking to allow his client to be able to withdraw his guilty plea. On October 29, 2015 the Michigan Court of Appeals reversed the lower court in Kalamazoo and ruled that Mitch's client be given the opportunity to withdraw his guilty plea and go to trial. Often people plead guilty when they are not in fact guilty - for a variety of reasons. Sometimes, like this case, there is a promise for a really good deal. Other times, a defendant is tricked by his or her own attorney into pleading guilty. It is rare to get a guilty plea withdrawn, but it can be done in some cases.

C. S. was serving a prison term for fraudulently using someone else's credit card and for being a habitual offender. Mitch appealed Mr. S's sentence. After thoroughly reviewing the court records, transcripts, and presentence investigative report, Mitch found that the sentencing guidelines were improperly scored, and that Mr. S's previous attorney did not object to the scoring of these guidelines, and that Mr. S. should have been given no longer than a 12 month jail sentence. After serving nearly 2 years in prison, Mitch persuaded the Macomb County Circuit Court Judge to resentence Mr. S. to 12 months in the Macomb County Jail, with credit for time served and probation. Mr. S. was then released from prison and placed on probation. He was able to enjoy freedom, rather than being in the prison system at the mercy of the parole board.

Mitch appealed his client's murder case to the Michigan Supreme Court because the Wayne County Prosecutor's Office and the Detroit Police Department withheld evidence favorable to the defense (Brady evidence) before trial and because of new evidence discovered of a new eyewitness to the shooting. The Supreme Court remanded the case to Wayne County for an evidentiary hearing on the Brady violation and the new evidence.

Mitch's client was previously sentenced to 8 to 30 years for two armed robbery convictions in Oakland County. Mitch appealed these sentences and convinced the prosecutor to agree to a re-sentencing. Mitch's client was then re-sentenced to 6 to 30 years in prison. He is now eligible to be released from prison two years earlier.

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.

Client re-sentenced in Wayne County after a successful appeal of his sentence - original sentence of 90 months to 15 years for home invasion second degree was reduced to a sentence of 60 months to 15 years - a 30 month reduction on the minimum sentence

Mitch appeared in court at the Bay County Circuit Court for a re-sentencing after a successful appeal to the Michigan Court of Appeals of the sentence that Judge Joseph K. Sheeran imposed for his client's unarmed robbery conviction that exceeded the sentencing guidelines (a departure sentence). Upon re-sentencing, Mitch pointed out the positive qualities and attributes of his client and persuaded Judge Sheeran to not depart above the guidelines. Mitch's client had previously been sentenced to 100 months to 15 years in prison. Upon re-sentencing, Mitch's client received a reduced minimum sentence of 86 months in prison, a reduction of 14 months. The judge at re-sentencing agreed to not exceed the sentencing guidelines for Mitch's client. This means that this client will be eligible for parole and to be released from prison 1 year and 2 months earlier than his previous earliest release date (ERD).

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.