SADO Attorneys Obtain Positive Outcomes for Clients on Appeal
SADO attorneys have obtained positive outcomes for clients on appeal in several recently decided cases on issues including prosecutorial error, OV scoring, consecutive sentencing, and disproportionate sentencing.
Jacqueline Ouvry: MSC granted mini-oral argument to address whether certain attempted felonies can be used to score OV 13. People v Antjuan Jackson, MSC No. 156502.
Brett DeGroff: MSC vacated a portion of the COA opinion and remanded to that court for proper application of the prejudice standard under the guidance of People v Randolph, 502 Mich 1 (2018). People v Olajuwon Carter, MSC No. 155451.
Jeanice Dagher-Margosian: COA granted remand for option to withdraw plea to second-degree murder where trial judge failed to advise Mr. Boldrey of the maximum penalty. People v Kyle Boldrey, COA No. 342305.
Malika Ramsey-Heath: MSC remanded as on leave granted to consider argument that consecutive sentencing was improper. People v Derek Smith, MSC No. 157932.
Chari Grove: COA reversed conviction for lying to a police officer during an investigation on sufficiency grounds. The court interpreted MCL 750.479c(2)(c) as requiring proof that a lie was told by a defendant only after a police officer affirmatively notifies him or her that there was an investigation. Mr. Edwards’s arrest without an affirmative notification of the investigation was not enough to support the charge. People v Ricky Edwards, COA No. 337354.
Christine Pagac and Peter Van Hoek: COA reversed 10 to 15 year sentence for manslaughter, holding that the trial court erred in scoring 25 points for OV 6, which seemed to be based only on the judge’s disagreement with the jury verdict finding no malice. The court also found that the trial court failed to justify a departure sentence and for imposing the maximum allowable sentence and criticized the judge for his “rote recitation” of the Milbourn/Steanhouse factors. People v Troy Desean Johnson, COA No. 337999.
Lindsay Ponce and Desiree Ferguson: COA reversed a 10-year upward departure sentence for assault to do great bodily harm, holding that it was disproportionate because the factors cited by the court were already accounted for in the OV scores. People v Timothy Young, Jr, COA No. 338613.
Adrienne Young: MSC summarily reversed COA decision that found no harmful “prosecutorial error” when the prosecutor argued that Mr. Adamowicz had a “moral duty” to retreat in his own apartment when asserting self-defense to a murder charge. The Court also remanded for a Ginther hearing on counsel’s ineffective assistance. People v Alex Adamowicz, MSC No. 156309.
Jacqueline Ouvry: MSC granted mini-oral argument to address whether certain attempted felonies can be used to score OV 13. People v Antjuan Jackson, MSC No. 156502.
Brett DeGroff: MSC vacated a portion of the COA opinion and remanded to that court for proper application of the prejudice standard under the guidance of People v Randolph, 502 Mich 1 (2018). People v Olajuwon Carter, MSC No. 155451.
Jeanice Dagher-Margosian: COA granted remand for option to withdraw plea to second-degree murder where trial judge failed to advise Mr. Boldrey of the maximum penalty. People v Kyle Boldrey, COA No. 342305.
Malika Ramsey-Heath: MSC remanded as on leave granted to consider argument that consecutive sentencing was improper. People v Derek Smith, MSC No. 157932.
Chari Grove: COA reversed conviction for lying to a police officer during an investigation on sufficiency grounds. The court interpreted MCL 750.479c(2)(c) as requiring proof that a lie was told by a defendant only after a police officer affirmatively notifies him or her that there was an investigation. Mr. Edwards’s arrest without an affirmative notification of the investigation was not enough to support the charge. People v Ricky Edwards, COA No. 337354.
Christine Pagac and Peter Van Hoek: COA reversed 10 to 15 year sentence for manslaughter, holding that the trial court erred in scoring 25 points for OV 6, which seemed to be based only on the judge’s disagreement with the jury verdict finding no malice. The court also found that the trial court failed to justify a departure sentence and for imposing the maximum allowable sentence and criticized the judge for his “rote recitation” of the Milbourn/Steanhouse factors. People v Troy Desean Johnson, COA No. 337999.
Lindsay Ponce and Desiree Ferguson: COA reversed a 10-year upward departure sentence for assault to do great bodily harm, holding that it was disproportionate because the factors cited by the court were already accounted for in the OV scores. People v Timothy Young, Jr, COA No. 338613.
Adrienne Young: MSC summarily reversed COA decision that found no harmful “prosecutorial error” when the prosecutor argued that Mr. Adamowicz had a “moral duty” to retreat in his own apartment when asserting self-defense to a murder charge. The Court also remanded for a Ginther hearing on counsel’s ineffective assistance. People v Alex Adamowicz, MSC No. 156309.
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