Case Results » 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 Before anything could happen, the no contest plea had to be withdrawn.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.

C. S. was serving an 18 month to 10 year prison sentence for embezzling over $500,000.00 from her former employer. Mitch appealed her sentence, arguing that her sentence guidelines were improperly scored. The Circuit Court Judge and the Prosecuting Attorney in Charlevoix County agreed with Mitch that the sentence guidelines were scored improperly. The judge ordered a re-sentencing and re-sentenced Ms. S. to a period of 10 months in the Charlevoix County Jail, giving her credit for time served and putting her on probation. She regained her freedom, and was reunited with her family after serving nearly a year in prison.

S. J. was serving a 2 to 4 year prison term after pleading guilty to felonious assault. Mitch appealed Mr. J's sentence. Mitch found out that the sentencing guideline calculations were improperly scored and Mr. J's previous attorney had not challenged them. Mitch was able to persuade the sentencing judge to correct Mr. J's sentence. After serving over 500 days in prison, the Wayne County Circuit Court Judge re-sentenced Mr. J. to 1 year in the Wayne County Jail, credit for time served and probation. Mr. J. was then released from prison.

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.

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.

Mitch’s successful appeal of a felony drunk driving sentence in Jackson County resulted in the Jackson County Circuit Judge re-sentencing Mitch’s client to 19 months to 90 months in prison, instead of having to serve a sentence of 28 months to 90 months. This means he will be eligible for parole after serving 19 months, and could be released from prison 9 months sooner than his original minimum sentence of 28 months.

Mitch filed a motion to correct his client's judgment of sentence to increase the jail credit his client received. A judge in Calhoun County agreed that Mitch's client was entitled to an additional 184 days of jail credit. This means that Mitch's client will be eligible to be released from prison 6 months sooner than the original sentencing order required.