Local Success: Trial Court Success, September 2016

Below are trial court victories of our subscribers as reported on SADO’s Forum—an online community for criminal defense attorneys. Subscribers are encouraged to submit their stories of success on SADO’s Forum and/or directly to Associate Editor Neil Leithauser at nleithauserattorney@comcast.net. SADO’s CDRC Subscription information is available by contacting Heather Waara at hwaara@sado.org.

Suzanna Kostovski won not-guilty verdicts in a two-count receiving and concealing case following a bench trial in the 3rd Judicial (Wayne County) Circuit Court August 1, 2016.  Ms. Kostovski also won a new trial for a client August 26, 2016, in the 37th Judicial (Calhoun County) Circuit Court, following a remand from the Court of Appeals for a Ginther-hearing.

Shannon M. Smith and Stephanie E. Farkas won not guilty verdicts August 1, 2016, on all charged felony counts – two counts of CSC 3, one count of CSC 4, and one count of furnishing alcohol to a minor; one count of CSC 3 was dismissed by directed verdict in the 46th Judicial (Otsego County) Circuit Court.

Virginia C. Cairns got an armed robbery case dismissed at the preliminary examination August 2, 2016, in the 8th Judicial District Court (Kalamazoo).

Michael L. Steinberg got a CCW charge dismissed August 2, 2016, at the preliminary examination in the 41A Judicial District Court (Shelby Township).

Wendy H. Barnwell won not guilty verdicts from a jury in a case charging three felony counts in the 3rd Judicial (Wayne County) Circuit Court.

Kathy Murphy won not guilty verdicts August 16, 2016, in the 3rd Judicial (Wayne County) Circuit Court in a case charging two counts of CCW in a motor vehicle; the client was convicted of a misdemeanor marijuana charge.

Mark S. Bosler secured a 25-month reduction to a minimum sentence in a first-degree home invasion case in the 31st Judicial (St. Clair County) Circuit Court following a Lockridge-remand from the Court of Appeals and successful objections to the scoring of two offense variables.

Adil N. Haradhvala got a case charging 11 counts, including assault with intent to murder, armed robbery and conspiracy, dismissed on the day of trial in the 16th Judicial (Macomb County) Circuit Court.  Mr. Haradhvala also secured an additional 189 days of sentence credit for a client serving a 20-month minimum sentence imposed in the 6th Judicial (Oakland County) Circuit Court.

Jennifer J. France won a motion to quash a charge of prisoner in possession of a weapon.

David R. Cripps won not guilty verdicts from a jury September 15, 2016, in the 3rd Judicial (Wayne County) Circuit Court in a case charging assault with intent to murder, felonious assault, and felony-firearm.

John W. Ujlaky successfully argued to withdraw his client’s guilty plea September 19, 2016, in the 43rd Judicial (Cass County) Circuit Court.

Mark J. Kriger obtained a twenty-five year minimum term for his client September 23, 2016, in the 3rd Judicial (Wayne County) Circuit Court; the client had served 32 years on a juvenile life-without-parole sentence.

Julianne Meyer-Sorek on September 23, 2016, in the 17th Judicial (Kent County) Circuit Court, secured a minimum sentence below the time already served in a juvenile life-without-parole case, making the client immediately eligible for parole.

Michael Dagher-Margosian secured an additional 49 days of jail credit for his client in a case involving misdemeanors and contempt of court; the additional credit resulted in the client’s immediate release.

Douglas R. Mullkoff and Michael J. Gatti, representing codefendants in juvenile life-without-parole cases in the 7th Judicial (Genesee County) Circuit Court, each secured 25-year to 60-year sentences for their clients.

Lisa Kirsch Satawa won a jurisdiction argument in a trial in an abuse case September 29, 2016.

SADO attorneys had multiple successes:

Assistant Defender Jessica L. Zimbelman and SADO Mitigation Specialist Peter Martel secured a 10-month reduction in a sentence for a client in the 4th Judicial (Jackson County) Circuit Court, after obtaining the prosecutor’s stipulation concerning several offense variable scoring errors.  Ms. Zimbelman also won a resentencing for a client in the 9th Judicial (Kalamazoo County) Circuit Court based upon an offense variable 13 scoring error; the change resulted in a reduction of the minimum sentence from 24 months to 18 months.

Assistant Defender Kristin E. LaVoy, in the 21st Judicial (Isabella County) Circuit Court won a resentencing following a Lockridge-remand; the client’s new minimum prison term is now five years lower, and the trial court struck the $1,000.00 court costs.

Assistant Defender Douglas W. Baker and Mitigation Specialist Peter Martel secured a reduction of two and one-half years at resentencing in a second-degree murder case in the 30th Judicial (Ingham County) Circuit Court.

Assistant Defender Brett DeGroff and Mitigation Specialist Peter Martel, at a resentencing in the 4th Judicial (Muskegon County) Circuit Court in a CSC3 case, secured a 27-month reduction in the minimum prison term.

Assistant Defender Valerie R. Newman, on September 16, 2016, in the 3rd Judicial (Wayne County) Circuit Court, secured a forty-year minimum prison term for her client in a juvenile life-without parole case; the client had already served almost 50 years.  Ms. Newman also, on September 30, 2016, in the 17th Judicial (Kent County) Circuit Court, secured a 25-year minimum sentence; the client has already served 19 years into a life-without-parole sentence; SADO Mitigation Specialist Katherine L. Root provided assistance.

Assistant Defender Susan M. Meinberg secured a 28-year minimum prison term September 19, 2016, for her juvenile life-without-parole client in the 7th judicial (Genesee County) Circuit Court.

by Neil Leithauser
Associate Editor