Subscribers to the Criminal Defense Resource Center’s online resources, found at www.sado.org, have access to more than 1,800 appellate pleadings filed by SADO Attorneys in the last five years.  The brief bank is updated regularly and is open to anyone who wants to subscribe to online access.  On our site, briefs are searchable by keyword, results can be organized by relevance or date, and the pleadings can be filtered by court of filing.  Below is a sample of some of the questions presented in briefs added to our brief bank in the last few weeks:

BB 245708:  The trial court reversibly erred in denying a defense motion for mistrial after the courtroom was impermissibly closed, during the voir dire, in violation of Defendant’s Sixth Amendment Rights.

BB 245708:  Defendant is entitled to a resentencing where the trial judge, over objection, scored him with 25 points under offense variable 1 and 10 points under offense variable 3, where that scoring was not offense specific to the sentencing offense, and thus placed Defendant into an inaccurately scored guidelines range for the minimum sentence.

BB 245954:  Because the evidence did not show that Defendant-Appellant’s tongue actually touched the complainant’s genitals, the evidence was insufficient to convict him of first-degree criminal sexual conduct.

BB 245954:  Defendant must be resentenced because the sentencing judge wrongly thought he was required to impose a maximum term in keeping with the Tanner two-thirds rule.

BB 245975:  Defendant is entitled to resentencing because his sentence represents an upward departure and the court’s reasons for departure are not substantial and compelling for they are reasons this court has found to be invalid.

BB 245979:  Defendant is entitled to a new trial for a violation of his right to counsel, where there was a breakdown in the relationship with counsel, and the trial judge refused his request for the appointment of new counsel.

BB 246207:  Reversible error occurred when the prosecution was permitted to present testimony by the lead detective that Defendant was asked to take a polygraph but he never “showed up” for it.  Alternatively, defense trial counsel rendered ineffective assistance in failing to object and move to strike the damaging and prejudicial testimony.

BB 246800:  Petitioner’s mandatory life without parole sentence is unconstitutional under the Eighth Amendment prohibition on cruel and unusual punishment.

BB 246871:  Defendant was denied his federal and state rights to a fair and impartial trial when the prosecutor forced Defendant to comment on the credibility of the prosecution witnesses and had the deputy testify to his guilt.  Defendant’s convictions must be vacated.

BB 247794:  M.C.L. 800.283(4) is unconstitutionally vague. Defendant’s prison-weapon conviction must be reversed and he must be retried under a more definitive interpretation of the crime.

BB 246411:  Defendant’s conviction for probation violation must be vacated as he should be deemed not criminally responsible for the charges and therefore not guilty by reason of insanity; and trial defense counsel was ineffective for failing to ensure that he was evaluated in this regard.

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