Local Success: Trial Court Successes: October and November, 2015

We continue our series on trial court victories that are reported in the Forum, SADO’s online community for criminal defense attorneys.  Subscription information is available at www.sado.org.

Jennifer J. France was able to get second-degree home invasion and possession of a controlled charges dismissed at a preliminary examination in October 2015.  In another matter, Ms. France got charges of harboring a felon and lying to police quashed in October 2015.  In November, Ms. France got charges of assault with intent to do great bodily harm and interfering with an electronic communications device dismissed at the preliminary examination; a domestic violence charge was set for jury trial.

John W. Ujlaky secured an offense variable 18 reduction in Allegan County in October 2015, and an $8,524.75 reduction in restitution.  Also in October 2015, Mr. Ujlaky got offense variables reduced in three cases in Kent County.  In November, Mr. Ujlaky successfully argued against imposition of a consecutive sentence in a case and, in a second case, was able to obtain 295 additional days of sentence credit for his client in Grand Traverse County.

Lisa Kirsch Satawa won not guilty verdicts in a case with three CSC1 counts; the jury was out for about 8 minutes.

Mitchell T. Foster secured a plea bargain for his client in the 3rd Judicial (Wayne County) Circuit Court in October 2015, with felon in possession and felony firearm charges being dropped and the client pleading guilty to a possession with intent to deliver marijuana charge.

Jeffrey J. Rupp negotiated for his client a CSC3 charge, with a ten-year sentence, down from a CSC1 charge with a mandatory 25-year minimum sentence.

Jill Creech Bauer obtained a resentencing in November 2015, in the 7th Judicial (Genesee County) Circuit Court for her client, who had been incarcerated since 1979 with a life sentence, resulting in a new sentence with a minimum of 32 years.  The client, having served 35 years, was released the next day.

Susan K. Walsh secured a two-year sentence reduction for her client in the 17th Judicial (Kent County) Circuit Court, after successfully arguing for a scoring change in offense variable 13.  Ms. Walsh also obtained an extra 102 days of sentence credit for a client in the 7th Judicial (Genesee County) Circuit Court, and, for another client in the 10th Judicial (Saginaw County) Circuit Court, successfully argued that a felonious assault conviction be vacated.

SADO also had some recent successes.  Assistant Defender Erin Van Campen and social worker Katherine Root successfully argued in a resentencing in the 3rd Judicial (Wayne County) Circuit Court for imposition of concurrent sentences, instead of the previously-imposed consecutive sentences, for CSC1 and home invasion convictions, resulting in a net ten-year reduction in the prison sentence.  Assistant Defender Jaqueline C. Ouvry won a motion to withdraw a guilty plea in the 10th Judicial (Saginaw County) Circuit Court due to faulty advice at the plea proceeding about the lifetime electronic monitoring requirements.  Assistant Defender Susan M. Meinberg, at a resentencing in the 3rd Judicial (Wayne County) Circuit Court, secured an 18-month reduction in the minimum prison term for her client.  Assistant Defender Brett DeGroff secured a 5-year reduction, down from a 30-year minimum, for his client in the 3rd Judicial (Wayne County) Circuit Court.

by Neil Leithauser
Associate Editor