The Faraones v. Lansing Board of Water and Light
For many years, the Lansing Board of Water and Light, a municipally owned monopoly for those falling within its jurisdiction, have executed a “Vegetation Management Plan” which has destroyed yards, killed large and healthy trees, and been a blight on the community. On April 25, 2022, the Faraones filed a complaint in the Ingham County Circuit Court and the matter is now before the Michigan Court of Appeals. Oral argument before the Michigan Court of Appeals is at the 1:09 mark.
BIOGRAPHY AND AWARDS
WINNING CASES IN WHICH MICHAEL A. FARAONE SERVED AS COUNSEL OF RECORD
The following list is not intended to be exhaustive and includes no cases resolved before 2011.
12/26/2024. People v. Frederick M. Fredell. Michigan Supreme Court Opinion finding convictions for reckless driving causing death and for manslaughter based on a gross negligence theory violates double jeopardy.
11/25/2024. MDOC v. Kenneth Penley. Retained client found not guilty on all non-technical violations at parole violation hearing.
11/13/2024. In re Attorney Fees of Michael A. Faraone. Remanded on attorney fee issue. Michigan Court of Appeals.
11/1/2024. People v. Christopher Meadows. New trial granted in Genesee County Circuit Court on a first-degree murder conviction.
10/8/2024. People v. Bobby Edward Smith. Published Court of Appeals opinion remanding for a resentencing in the Genesee County Circuit Court on a probation violation finding.
9/23/2024. People v. Isaac Sisco Knepper. Published Court of Appeals opinion remanding to Crawford County Circuit Court for correction of PSIR and providing rules on how to address acquitted conduct in a PSIR.
9/12/2024. People v. Morris Allen Brown. Court of Appeals remanded to Bay County Circuit Court for partial resentencing.
8/1/2024. People v. Gary Eugene Nicoll. New trial ordered for one count of fleeing and eluding and two counts of resisting arrest in Menominee County.
8/1/2024. People v. Gary Eugene Nicoll. Probation violation vacated in Menominee County.
7/25/2024. People v. Timothy Maloy Riddle. Court of Appeals. Trial based armed robbery and felony firearm convictions in Barry County vacated. Case remanded for resentencing on lesser convictions.
7/23/2024. People v. Henry Lewis Jones, Jr. Calhoun Circuit Court. Life without parole sentence vacated. Defendant to be sentenced as a juvenile to a term of years.
6/1/2024. People v. Edward Earl Thrower. Kent Circuit Court. Fine vacated.
4/23/2024. People v. Adrian Ryanen Swain. Court of Appeals remand to Muskegon County Circuit Court for resentencing.
3/15/2024. People v. Dontai James Renfroe. Monroe County Circuit Court. Resentencing granted on a motion for relief from judgment. Minimum term lowered from 180-months to 96-months.
3/14/2024 People v. Albert Lawrence Shumate. Court of Appeals. First-degree CSC convictions. Remanded for a new trial.
2/1/2024 People v. Jamarie Nicholas Bell. Court of Appeals. Remanded to Kent Circuit Court for resentencing.
1/26/2024. People v. Omar Chavon McDonald. Drug conviction vacated on double jeopardy grounds. Kent County Circuit Court.
1/10/2024 People v. Matthew Stinson. Oakland Circuit Court. Additional jail credit.
1/8/2024 People v. David Ray Gorsuch. Court of Appeals. Remanded for recalculation of jail credit and to vacate fine.
12/21/2023. People v. Christopher Lewis King. Court of Appeals. Remanded to Jackson Circuit Court for resentencing.
7/8/2023 People v. Demarea Yeargin, Oakland Circuit Court. Obtained additional jail credit on a 52-3 District Court sentencing.
7/5/2023 People v. Chol Deng. Kent County Circuit Court. 19 to 40 year term reduced to 15 to 40 years upon resentencing.
6/22/2023. People v. Laura Mae Hart. Washtenaw County. Correction to Judgement of Sentence.
5/12/2023 People v. Victor Perez Ruiz. Lenawee County Circuit Court. Consecutive terms of 300 to 480 months and 38 to 180 months, changed upon resentencing to concurrent terms.
5/1/2024 People v. Grosinsky. Lapeer Circuit Court. Additional jail credit.
2/28/2023 Penley v. Warden John Davids. Client wins new trial in United States District Court in Petition for Writ of Habeas Corpus on issue raised by attorney Faraone in state courts, and on a federal filing written by attorney Faraone.
12/5/22 People v. Stephen Robert Bixler Jr. Gladwin County Circuit Court. SORA conviction vacated in motion for relief from judgment.
8/15/2022 People v. Terrance Terrell McClinton. Calhoun Circuit Court. Defendant awarded 17-days in additional jail credit on his amended judgment of sentence.
7/29/2022 People v. Cody Stewart. Jackson County Circuit Court. Defendant’s motion for relief from judgment granted. Sentencing reduced from 10 to 15 year terms, down to 6 to 10 year terms.
7/21/2022 People v. Kissinger. The Michigan Court of Appeals. Remanded for a resentencing hearing.
6/28/2022 People v. Shurlow. Mason County Circuit Court. Defendant’s minimum terms in weapons case reduced 22 months.
4/21/2022 People v. Robe. The Michigan Court of Appeals. Probable cause for warrant found insufficient. Case remanded for further proceedings.
12/03/2021 People v. Joseph Alfonse Comperchio Jr. Jackson County Circuit Court. Minimum sentence term reduced from 144-months to 120-months.
11/18/2021 People v. Leandrew Martin. The Michigan Court of Appeals, on a self-defense claim, remanded for a new trial due to ineffective assistance of trial counsel. The appeal involved an assault with intent to do great bodily harm conviction and weapons convictions, with a 25-year minimum term. COA docket number 348584.
6/24/2021 People v. Michael Kirksey. Oakland County Circuit Court. Miller hearing results in life without parole sentence reduced to term-of-years.
6/20/2021 People v. Charles Glover. Oakland County Circuit Court. Judgment of Sentence corrected by stipulation, lowering minimum term to that which was imposed at sentencing.
6/1/2021 People v. James Parmater Lyons. Marquette County Circuit Court. Defendant’s motion for relief from judgment requesting removal from SORA granted.
4/2/2021 People v. Shane Richey. Genesee County Circuit Court. Miller hearing results in life without parole sentence reduced to term-of-years.
3/18/2019 People v. Adam Robe. Court of Appeals, in an interlocutory appeal, reverses circuit court order denying defense motion to suppress evidence of preliminary breath test (PBT). http://publicdocs.courts.mi.gov/opinions/final/coa/20210318_c355005_47_355005.opn.pdf
2/24/2021 People v. Marlon Walker. Muskegon County Circuit Court. Miller hearing results in life without parole sentence reduced to term-of-years.
2/11/2021 People v. Thomas Brandon Hahn. Court of Appeals Opinion Remands on Out-of-Guidelines Sentence.
2/11/2021 People v. Anthony Jerome Beaty. Court of Appeals Remand to Correct PSIR.
12/15/2020 People v. Larry Brown. Correction of PSIR. Oakland County Circuit Court.
11/10/2020 People v. Jacob Suthers. Correction of PSIR. Saginaw County Circuit Court.
3/30/2020 People v. Tiffany Lynn Reichard. Michigan Supreme Court. Held. Overturning published decisions of the Court of Appeals, the duress defense may be raised against a charge of felony murder. http://publicdocs.courts.mi.gov/OPINIONS/FINAL/SCT/157688_54_01.pdf
2/3/2020 People v. Bejamin Donaldson. Ottawa County. Plea withdrawal motion granted.
12/11/2019 People v. Darrell Lamar Jones. Kent County Circuit Court. Defendant resentenced on sole plea based murder in the second-degree conviction from 25-year minimum to a 20-year minimum on remand from Court of Appeals. Docket No. 343621. The Court of Appeals also ordered a substitution of circuit court judges.
11/19/19 People v. Eric Latimer. Genesee County Circuit Court. Miller hearing and re-sentencing of juvenile-lifer successfully ends with life without parole sentence reduced to term-of-years.
11/1/2019 People v. Gabriel Aaron Dominguez. Macomb County Circuit Court. New trial obtained for appointed appellate client. Client had served about one-year of a 25-year mandatory minimum sentence before the new trial was obtained.
4/22/2019 People v. Larry G. Mead. Michigan Supreme Court. Published Fourth Amendment decision holding that a driver’s consent to search an automobile does not extend to a passenger’s container found in the automobile that police know belongs to the passenger.
2/14/2019 People v. Cortez Trawets Scott. Genesee County Circuit Court. Miller hearing and re-sentencing of juvenile-lifer successfully ends with life without parole sentence reduced to 25-year minimum plus flat 2-years for felony firearm.
10/2/2018 People v. Farrin Lee Felton. Michigan Court of Appeals grants new trial in drug case (PWID). COA No. 339589.
9/6/2018 People v. Reueben Jenkins, Kent County Circuit Court, 12-month reduction to minimum term in CSC-3rd conviction.
7/2/2018 People v. Philip Charles Maxon, Court of Appeals remands on issue of costs under Konopka.
6/26/2018 People v. Riley Andrew Spitler, Appeal II (Jackson), Court of Appeals denies prosecution appeal (evidentiary issues) on remand.
6/18/2018 People v. Aaron Michael Roush. Barry Circuit Court resentencing, 12-month reduction on minimum.
5/7/2018 People v. Minier. Leelanau County Circuit Court. Judgment of Sentence corrected, lowering sentencing on highest felony from 320-month minimum to a 285-month minimum.
4/24/2018 People v. Reueben Christopher Jenkins. Court of Appeals remands for resentencing. COA No. 338129.
4/11/2018 People v. Aaron Michael Roush. Court of Appeals remands for resentencing, COA No. 342658.
4/3/2018 People v. Teaunte Lawrence Harper. Court of Appeals remands for resentencing, COA No. 335933.
3/19/2018. People v. Javotne Markease Armstrong. Court of Appeals remands to correct judgment of sentence, COA No. 342338.
1/29/2018. People v. Tony M. Williams. Macomb County Circuit Court sets aside attorney fee for prosecutor mistrial.
1/11/2018 People v. Earl Joseph Raffler. Court of Appeals vacates lifetime electronic monitoring and costs, COA No. 336509.
11/16/2017 People v. Ramon Caldwell, Jr. Court of Appeals vacates one count of home invasion on double jeopardy grounds.
10/24/2017 People v. Craig William Ziecina (Jackson). In an appeal taken by the prosecution (the Michigan Attorney General) from a circuit court ruling, the Court of Appeals affirms the suppression of statements defendant made to his employer, the Michigan State Police. Defendant Ziecina has been wrongly accused and unfairly prosecuted, and should soon be exonerated.
10/24/2017 People v. Tracy Lynn Cowan. Michigan Supreme Court remands for evidentiary hearing, MSCt No. 154444.
10/17/2017 People v. Daniel Horacek (Oakland), Court of Appeals affirms conviction but remands for corrections to sentencing.
6/20/2017 People v. Riley Andrew Spitler (Jackson), Court of Appeals grants new trial in second-degree murder conviction involving a teenage defendant who discharged firearm at brother. Trial court erred in allowing police-expert testimony on subject of SCAN / LSA techniques and hearsay evidence into the trial (See 'News' section for perspective of trial counsel).
3/22/2017 People v. Ricky Bridgeman (Ingham), Five years reduced on significant armed robbery sentence.
2/10/2017 People v. Marquel Akeem Sadler, Genesee Prosecutor stipulates to new trial in second-degree murder case.
12/15/2016 People v. Isaac Lamar Woods (Ionia), Remand to Correct judgment of sentence, Court of Appeals No. 329208.
10/7/2016 People v. Pennebaker (Jackson), AWIM Resentencing on minimum from 171 to 132 months, Lockridge remand.
9/13/2016 People v. Jerome Joseph Matthews (Kent), Lockridge remand (to review sentencing), Court of Appeals No. 327632.
8/16/2016 People v. Tracy Lynn Cowan (Oakland), Leave denied but with order finding defendant is entitled to early parole eligibility under MCL 791.234(13), Court of Appeals No. 331947.
8/9/2016 People v. Damion Lavar Nevills Jr. (Berrien), Fine vacated, Court of Appeals No. 328463.
7/26/2016 People v. Ricky Travis Bridgeman, (Ingham), Remanded for resentencing Court of Appeals No. 327102.
4/24/2016 People v. Robert Hezekiah Prescott (Kalamazoo), Lockridge remand, Court of Appeals No. 326769.
4/15/2016 People v. Judy Katherine Higley-Zuehlke (St. Clair), Murder conviction set aside and new trial ordered by the St. Clair County Circuit Court. No appeal expected. See media coverage on 'News' page.
4/12/2016 People v. Jacob Daniel Weeks (Ingham), Remanded for resentencing, Court of Appeals No. 325706.
3/9/2016 People v. Rashad Daquay Perez (Kalamazoo), Felony firearm count vacated and the second-degree murder conviction is remanded for a resentencing, Michigan Court of Appeals Docket No. 324861.
1/19/2016 People v. Derrell Diontae–Vonchai Evans (Washtenaw), remanded for resentencing, Court of Appeals Docket Nos. 322319, 322320, 322321, 322322.
1/16/2016 People v. Tonya Lynn Mathis (Oakland), Resentencing Ordered, Michigan Court of Appeals Docket No. 323821.
1/12/2016 People v. Demarcus Cornellius Finley (Kalamazoo), Remanded for Correction of Judgment of Sentence (JOS), Michigan Court of Appeals Docket No. 323661.
12/10/2015 People v. Emerson Lamont Beverley (Saginaw), Crosby remand, Michigan Court of Appeals Docket No. 322419.
12/8/2015 People v. Josephus Anderson (Jackson), Crosby remand and Correction to PSIR and JOS, Michigan Court of Appeals Docket No. 323587.
10/22/2015 People v. Pennebaker (Jackson), Lockridge remand, Court of Appeals No. 322117.
9/22/2015 People v. Anthony Lewis McCrory (St. Clair), New Trial Ordered, Michigan Court of Appeals Docket No. 311205.
6/4/2015 People v. Dylin Ackah-Essien (Cass), Published Opinion vacating firearm conviction, Michigan Court of Appeals See 311 Mich App 13.
6/2/2015 People v. Richard Lee Radcliffe (Grand Traverse), Remand for Correction of SIR, Michigan Court of Appeals Docket No. 319175.
5/12/2015 People v. Michael Diabolis Griffis (Kalamazoo), Remand for Correction of Jail Credit, Michigan Court of Appeals Docket No. 320033.
2/17/2015 People v. Aaron Antwaun Robinson (Genesee), Resentencing, Michigan Court of Appeals Docket No. 319226.
7/11/2014 People v. Levon Lee Bynum (Calhoun), First-Degree Murder Conviction Reversed, Published Opinion of Michigan Supreme Court See 496 Mich 610.
2/14/2013 People v. Tyrell Henderson (Genesee), Published Opinion finding AWICAR and AR Violates Double Jeopardy, Michigan Court of Appeals, See 299 Mich App 473.
1/22/2013 People v. Shellenbarger (Ionia), Resentencing Ordered, Michigan Court of Appeals Docket No. 308245.
11/20/2012 People v. Clifford Oneil Harvey (Genesee), Resentencing Ordered, Michigan Court of Appeals Docket No. 306303.
11/7/2013 People v. Antonio Oliver (Saginaw), Resentencing Ordered, Michigan Court of Appeals Docket No. 311136.
3/21/2011 People v. Dale J. Wiggins (Gratiot), Published Opinion Ordering Resentencing, See 289 Mich App 126.
8/10/2010 People v. Wilbet Todd Vance (Kent), Additional Jail Credit Awarded, Michigan Court of Appeals Docket No. 290686.
10/25/2011 People v. Robert Junior Williams (Berrien), Published Opinion Ordering Consecutive Sentence to run Concurrent, See 294 Mich App 461.
HOW TO CHOOSE AN ATTORNEY
Finding the right attorney can feel like an impossible task. You are making a significant investment of time, money and trust, and the choice can make the difference between winning or losing. But compared to the purchase of a cars or computer, the consumer of legal services is often operating in the dark with no ‘Consumer Reports’ or similar organization to look to for help. Worse, attorneys know this and some are willing to take advantage of it.
It does not have to be that way. If you are looking for an appellate attorney in Michigan, you can, for free, visit the website of the Michigan Court of Appeals and Michigan Supreme Court and research any attorney you wish. You can type in their name and see how many cases they have been involved in and whether they ever win. The odds of winning a criminal appeal are never great. But, over time, an experienced attorney should occasionally win.
Here are other signs to look for when choosing an appellate attorney. Does the attorney refuse to discuss the details of your case until he or she has reviewed the record? They should. In the vast majority of appeals, you will be limited to arguing what is already in the record. Without knowing your record, the attorney cannot have an intelligent opinion about your case.
Is the attorney willing to review the record for a relatively small fee before giving you advice on the likelihood of winning your appeal? That might be a sensible way to do things. Is the attorney honest and considerate with you about the short time frames you have to make these decisions? In Michigan, appeals must proceed within strict deadlines.
Here is another open secret in the world of legal marketing. Most of the awards you find on attorney advertising mean nothing. These are not awards granted by neutral organizations based on objective criteria. Rather, the attorney purchased the award from a company that does nothing but sell the right to claim the award.
That is not true of the Super Lawyers recognition, which is peer reviewed, and it is not true of the Barbara R. Levine Award, which is granted by The Michigan Appellate Defender Commission. Both are noted in the Biography and Awards section of this website. Nor is it true of the information offered on this website, such as the list of cases won by Michael A. Faraone P.C.
If you think we might be the right attorney for you, feel free to call or email.
Based in Lansing Michigan, Michael A. Faraone has represented clients throughout Michigan before most of the circuit courts of Michigan, the United States District Courts, and the United States Court of Appeals for the Sixth Circuit. Attorney Faraone focuses on criminal appeals and has consistently obtained favorable results.
CONTACT
Michael A. Faraone P.C.
Attorney and Counselor at Law
3105 S. Martin Luther King Jr., Blvd. No. 315
Lansing MI 48910
PH: (517) 484-5515
Fax: (517) 484-6345
Email: attorneyfaraone@faraonelegal.com