Local Success: April, 2021
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.
Mitchell T Foster won a new trial for his client, who had been convicted of CCW in a motor vehicle, felon in possession of a firearm, and felony firearm. The case was remanded from the Court of Appeals to the Berrien County Trial Court for a Ginther evidentiary hearing. Following the hearing, and additional briefing, the Honorable Angela M. Pasula ordered a new trial on the grounds of the ineffective assistance of trial counsel. Counsel’s errors included a failure to seek and obtain a stipulation for redaction of the nature of the client’s prior conviction and eliciting from a detective during cross-examination that the defendant had two outstanding felony warrants. The opinion in People v. Ricky Arister Williams, No. 2019-001072-FH, is available through the CDRC at:
Donald J. Andrews won a dismissal of a case in the 43rd Judicial District Court (Hazel Park) on denial of the right to speedy trial grounds.
Jennifer J. France secured a more favorable sentence for her client in a case where the prison guidelines were 10 to 28 months for the minimum. The client had picked up several charges while on parole, and the prosecution sought a minimum sentence of 28 months. Ms. France was able to get a 13-month minimum imposed and credits her filing a sentencing memo with the court for the lower sentence.
by Neil Leithauser
Associate Editor
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