Articles Posted in Criminal Appeals

Earlier this week, a Court of Appeals panel declined to review the case of a man who was sentenced to life for the 2011 murder of his girlfriend. Melvin “Roc” Smith, 30, was found guilty of first-degree murder by a jury in October 2012.

Smith was also convicted of other crimes at the time including first-degree assault, possession of a firearm after being convicted of a disqualifying crime, stalking, use of a handgun during a crime of violence, and more. In addition to his sentence of life in prison without the possibility of parole, the judge sentenced Smith to an additional 40 years on the other charges.

In June, Smith appealed his sentence to the Court of Special Appeals, who denied to hear the case. He then appealed his sentence to the Court of appeals, who declined to review the case on Monday, September 22.

In February of 2012, Gregorio Luna Luna of Pasco was convicted of aggravated first-degree murder in the death of Griselda Ocampo Meza, the mother of Luna Luna’s child. According to a news article at the Tri-City Herald, the defendant was awaiting deportation in 2010 and in federal custody when he wrote letters to the victim claiming he would come back and kill her, a threat he had allegedly made on numerous occasions.

Luna Luna and Meza had been dating for several years prior to Meza seeking an order to keep him away. Luna Luna was deported to Mexico in May of 2010, however at some point in the following three weeks he crossed back into the U.S., stole a friend’s car in Snohomish, drove back to the Tri-Cities, then confronted the mother of his child at a restaurant in Kennewick before breaking into her Pasco apartment later that evening. Meza was 21 years old when she was stabbed in the heart in front of the couple’s young son.

Luna Luna was sentenced to life in prison for the murder, but appealed his conviction on the grounds that a DNA swab should not have been authorized (then prosecutor of Franklin County Steve Lowe made the application for the DNA sample based on probable cause), and that prosecutors did not prove the samples they wanted to compare the DNA with were blood. Luna Luna’s blood was found at the scene of the murder.

The three-judge appeals court panel found that the defendant’s arguments were without merit. His conviction and sentence will stand.

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In January of 2013, 23-year-old Myles Webster was convicted of attempted murder in the March 2012 shooting of Manchester Police Officer Dan Doherty. Webster allegedly shot Doherty seven times at near point-blank range as Doherty pursued Webster in a foot chase. Webster was sentenced to 60 years to life behind bars for the crime. Now, he is appealing his conviction to the New Hampshire Supreme Court.

On September 11, justices at the supreme court heard Webster’s argument as to why his conviction should be overturned and he should get a new trial. Webster and his defense attorney, David Rothstein, maintain that the release of Webster’s booking photograph tainted eyewitness identifications. According to a news article at Valley News, the suspect’s booking photo was released five hours prior to his arraignment. Rothstein feels that the release of the photo may have influenced the identifications of his client by witnesses, particularly those who police had not yet interviewed. Rothstein told the justices that had Dan Doherty lost his life, his client may have been facing a capital murder charge. He urged the justices to understand the seriousness of the situation.

Doherty said that he was 100% confident that Webster was the shooter as he listened to arguments at Webster’s appeal.

The justices pointed out to Rothstein that video and still photos were generated at Webster’s arraignment. Stacey Pawlik, Assistant Attorney General, argued that the sheer volume of evidence against Webster rendered any error by the trial court harmless. The news report did not say when the justices would rule on the appeal.

Appealing a conviction or sentence is extremely difficult; anyone who was wrongly convicted or who feels mistakes were made at trial must work with a highly experienced Michigan criminal appeals attorney to ensure the best possible chance of success. Considering the defendant’s current age and the fact that he will spend a minimum of 60 years behind bars as the situation stands right now, he will be in his mid-80’s before there is even a possibility for release.

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In the state of Texas, an individual may be sentenced to life in prison for a third felony DWI conviction. Recently, a 44-year-old Texas man may have received a new lease on life, when an appeals court overturned a DWI conviction from an incident that occurred in 2012.

According to the Tyler Morning Telegraph, 44-year-old Samuel Gentry of Whitehouse was sentenced to life in prison in 2013 for the 2012 incident. Gentry was stopped by a Tyler police officer in 2012 who determined that Gentry was intoxicated. The officer tried to get Gentry to submit to a breathalyzer test, however he refused. The officer then obtained a medical blood draw from Gentry, but did not have a warrant when he did so. This, according to the article, has become fairly common with offenders in Texas who have been convicted of DWI at least twice in the past.

During Gentry’s pretrial, his attorney attempted to have the blood draw evidence thrown out, however the judge denied the motion. Gentry then decided he would plead guilty rather than going to trial. During this time, a case known as Missouri v. McNeeley was being decided in the U.S. Supreme Court. In this case, the defendant, like Gentry, had been subjected to a warrantless blood draw. While prosecutors argued that these warrantless procedures were essential because of how quickly alcohol can evacuate from the blood stream, the Supreme Court disagreed and found that warrantless blood draws violate a defendant’s right against unreasonable search and seizure.

Because of the Supreme Court’s ruling in this case, the Twelfth Court of Appeals reversed Gentry’s conviction and remanded his case back to court, finding that “the implied consent and mandatory blood draw statutory schemes found in the transportation code are not exceptions to the warrant requirement under the Fourth Amendment.”

While Michigan’s criminal penalties for a felony third DUI conviction are in no way similar to those in Texas, they are still very serious. A third OWI, or Operating While Intoxicated conviction in Michigan will result in between one to five years in prison, fines of up to $5,000, up to 180 days of community service, mandatory vehicle immobilization, and more.

Individuals who have been convicted of driving under the influence of alcohol or drugs may wish to appeal their conviction, particularly if as in the case above, their rights were violated in some manner. We all have constitutional rights, and when those rights are violated by police, it may be grounds to appeal.

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In October of last year, Hugo Fluellen, a former Gilmer, TX pastor was sentenced to six life terms for sex crimes that occurred over a period of about nine years, according to a CBS news report. Fluellen appealed his conviction, however it was upheld by the Sixth Court of Appeals in Texarkana on August 15 of this year. 

News articles suggest that the victim had been sexually molested by Fluellen since she was in second grade, continuing until 2012. She is currently 18 years old. The former pastor allegedly sexually molested the girl after church, while on the way home from Sunday service. The girl attended the church where Fluellen pastored, and also sang in the choir.

Fluellen is 54 years old; his wife, 44-year-old Rosie Evans Fluellen, was also charged in the case, as she was allegedly a party to the crime according to other news sources. The victim had a child, which DNA evidence indicated was Fluellen’s. The victim did take the witness stand at trial, and described in detail what had been done to her by Fluellen in various locations including the church, in the church van, and in her own bedroom.

The defendant appealed his sentence, claiming that the trial court should not have accepted his pleas due to the fact that his plea was not entered voluntarily and knowingly, and that he was not properly admonished prior to the plea.

Michigan criminal appeals attorneys know what to look for when reviewing a case to determine whether there is solid grounds for appeal. While Fluellen claims that he was not properly admonished regarding his plea deal, there are many reasons a defendant may want to appeal either a conviction or sentence. You may be innocent of the crime, you may feel you have been unjustly sentenced, or there may have been errors made in the criminal justice process that could have affected the outcome, or the jury’s decision.

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Approximately three weeks ago the conviction of Marvin Blades, Jr., a former Tulsa police officer, for armed robbery was affirmed by the Oklahoma Court of Criminal Appeals, according to a news article at Tulsa World.

Blades, who is 39 years old, was found guilty of pulling over Hispanic individuals while on duty and in uniform, then stealing money from their wallets. He was sentenced to three 35 year prison terms which are to run concurrently. He was originally charged with second-degree robbery, however the charges were upgraded to five counts of robbery with a firearm after investigators discovered his ruse. The investigation began after police were informed that an officer had been stealing from Hispanic drivers’ wallets.

Blades was caught after the Oklahoma Bureau of Narcotics and the Tulsa Police Special Investigation Division implemented a sting operation. During the operation, Blades pulled over an OBN agent, telling him to get in the back seat of the police car, but to leave his wallet on the seat. Upon returning to his car, the undercover OBN agent found that Blades had taken $600 from his wallet. Blades was then apprehended by officers, who found he had $600 in his pocket.

Blades’ defense lawyers immediately filed an appeal following his conviction, arguing that the evidence to support a conviction on five counts of armed robbery was insufficient. In addition, appeals attorneys argued that their client did not brandish his firearm or threaten the victims in any way, and that two of the alleged victims could not identify Blades as the officer who robbed them.

The appeals court upheld Blades’ conviction due to the fact that under Oklahoma state law, the offender does not have to show a weapon, brandish it, or point it at the victim to be found guilty. The mere presence of the firearm, whether it is real or fake, is sufficient to be charged with armed robbery.

It is extremely difficult to have a conviction overturned on appeal; the defendant must have an appellate attorney who is highly experienced and skilled in the appeals process. Anyone in the state of Michigan who has been wrongly convicted of a crime or who feels that mistakes were made in the criminal justice process must consult with a Michigan criminal appeals lawyer who is tough, and knows how to thoroughly investigate your case to find any mistakes or evidence that may be solid enough to help you win on appeal.

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In Booneville, MS in 2010, then 48-year-old Rebecca Jones allegedly killed her mother by shooting her twice, once in the arm, and once in the stomach. Jones maintains that her mother, Jane Jones, and herself were involved in a struggle over the gun when it fired accidentally. Rebecca Jones went on trial for the alleged murder in October of 2012, and was found guilty in 2013. She was sentenced to life in prison.

Jones has recently appealed her conviction. Earlier this week, the Mississippi Supreme Court was hearing oral arguments regarding the death of Jane Jones. Rebecca Jones lives in Lexington, Alabama and claims that she had come to Booneville to visit her mother and a friend when the shooting occurred. Rebecca Jones did state that she “got something off her chest” during her visit with her mother. While she claims a struggle over the gun, prosecutors argue there was no evidence of a struggle.

According to Prentiss County Sheriff Randy Tolar, a .38-caliber pistol that belonged to Rebecca Jones was found at the scene of the struggle. Jane Jones died later from the gunshot wounds at an area hospital. News reports indicate that Jane Jones called 911 after being shot, and Rebecca Jones called her boyfriend. Authorities claim that Rebecca did not attempt to give Jane Jones any aid.

Jane Jones was 66 years old when she died.

Michigan criminal appeals attorneys know that without very compelling evidence, it is not likely the Mississippi Supreme Court will overturn Jones’s conviction. Winning an appeal, particularly one in connection with a crime as serious as murder, is not a simple process. The appeals process is not a second trial, but a review by a higher court of the initial trial. The appeals court panel typically reviews evidence, documents, testimony, and other elements of the original trial, looking for errors or violations of the defendant’s rights, and more.

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Last year, 48-year-old Winfred Ottley won an appeal of his conviction for rape and aggravated child molestation with the Georgia Court of Appeals, who overturned his conviction. At that time, he had to make a decision whether to face trial again and fight for his innocence, or plead guilty. Considering he would likely spend the rest of his life in prison if found guilty at trial, he chose to plead guilty to child molestation and statutory rape. Now he has been sentenced to 15 years in prison by Judge Maureen Gottfried.

Ottley could be out of prison in just 4 1/2 years because he has been given credit for time served. Originally, he was convicted in 2010 for allegedly raping a girl repeatedly over the course of three years. In 2013, the Georgia Court of Appeals threw out Ottley’s conviction, ruling that his defense attorney failed to challenge medical evidence that was presented at trial. Ottley’s court appointed public defender, Vicki Novak, decided they should not risk Ottley possibly being sentenced to life again by going to trial, so instead he pleaded guilty to lesser charges.

In the original trial, a jury found Ottley guilty on two counts of aggravated child molestation, two counts of rape and aggravated assault, three counts of cruelty to children, and one count each of child molestation and sexual battery. He was sentenced in May of 2010 to four concurrent life sentences.

The defense claimed at trial that Ottley’s estranged wife, who was allegedly having an affair with her church pastor, set up her husband so that she could have him arrested and collect his property and a significant amount of money. Even then, the appeals court overturned Ottley’s conviction based on the fact that his defense attorney did not challenge medical evidence presented at trial. Essentially, Ottley’s conviction was reversed because of ineffective assistance of counsel.

As all Michigan criminal appeal lawyers would agree, 15 years is a very light sentence when compared to life behind bars. While it is rare that an appeals court overturns a conviction, it does happen on occasion when a compelling argument warrants it.

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In May of 2013, 35-year-old Moses Grayson was found guilty in a Stoddard County courtroom of first-degree burglary, and forcible sodomy. According to news reports, it took the jury just over an hour to reach the guilty verdicts.

Grayson is accused of entering the victim’s Dexter home and forcibly raping her in May of 2011. He allegedly parked his van down the road, then walked into the back yard of the 31-year-old victim’s home, where he cut the screen from a window using a pocket knife, then entered and found the woman sleeping in her bed. Grayson is accused of threatening to kill the woman and holding the knife against her throat; he also allegedly struck her in the head when she refused to follow verbal commands.

News reports indicate that Grayson must serve time for the forcible sodomy charge before he begins serving time for the burglary. He must serve a minimum of 25 years and six months for the forcible rape charge, which is 85% of the maximum sentence allowed in Missouri. Once that sentence is served, he will begin serving the burglary sentence.

Although news articles did not reveal the grounds on which Grayson and his attorney appealed his convictions, the Missouri Court of Appeals upheld the convictions on July 23. If Grayson serves the minimum sentence for both convictions, he will be 71 years old before he is eligible for release. If he serves the maximum sentence, he will be 86 years old before being released from prison.

Individuals who are convicted of a crime have the right to appeal a conviction or sentence. Many who are sentenced to prison time are not aware that they have other options. Like everything else in life that is controlled by humans, mistakes may be made in the criminal justice system. Whether a judge or jury erred, or police collected evidence unlawfully, you may choose to appeal your conviction to the Michigan Court of Appeals. However, it is important to note that winning an appeal is not a simple matter, and can never be guaranteed by any attorney. The process of appealing a conviction or sentence may move even further up from the appeals court, going on to a state supreme court and eventually the U.S. Supreme Court in some cases.

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Curtis Flowers, a black man in Mississippi who was convicted and sentenced to death in 1997 for the 1996 killings of four individuals, currently sits on death row and has been tried six times for the slayings, which took place at a furniture store where the defendant had been fired just days earlier. According to a news report at Salem Radio Network News, Flowers’ attorneys are attempting to have his conviction overturned and recently told the Mississippi Supreme Court that their client’s latest trial was unfair.

Flowers was convicted of the murders in 1997, 1999, and 2004, each time being sentenced to death. However, each of these convictions was overturned by the Supreme Court, in one instance due to racial discrimination during jury selection, and prosecutorial misconduct in the other two.

In this latest appeal, Flowers’ attorneys claim that the evidence against their client in the 2010 trial was misrepresented by prosecutors, and lacking. They also claim that jury selection was racially biased. Flowers was tried in 2007 and 2008, with both trials ending in a hung jury.

Of the four individuals shot at close range at the Tardy Furniture store in Winona, one was black. Prosecutors claim that the defendant “had a beef” with store owner Bertha Tardy who terminated Flowers and then withheld his pay to cover damage to batteries. Flowers’ defense lawyers claim he was at his home when the shooting occurred, and that he had no hard feelings toward his boss. They also allege that the investigation into the murders was “shoddy,” and that witness testimony was coerced.

Considering the defendant has been tried six times for the same murders and the state Supreme Court has overturned his conviction on three occasions, there is no doubt that there are issues with the case.

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