Aug 2012

Court of Appeals Win in Ineffective Assistance of Counsel/Criminal Sexual Conduct Case

Criminal Sexual Conduct CaseMark Satawa and Stuart Friedman of Kirsch & Satawa, PC, prevailed in a criminal sexual conduct case under an ineffective assistance of counsel argument when the court of appeals unanimously upheld a Macomb County Circuit Court Judge’s order granting the Defense Motion for New trial following a Ginther hearing.

The Client was falsely convicted of two counts of CSC3, for allegedly sneaking into a bedroom at a party and sexually assaulting a woman who had passed out from drinking too much at the party. The client’s direct appeal was denied, and he was facing a lifetime on the sex offender’s registry after a lengthy prison term. After a three day Ginther hearing, where the Defense called seven witnesses (including a criminal attorney as an expert witness on the standards of care), the Judge granted the Defense motion filed under MCLA 770.2 and MCR 6.500, reversed the Defendant’s conviction, and ordered a new trial based on ineffective assistance of both trial and appellate counsel.

The Court of Appeals unanimously upheld the trial court’s order granting a new trial, in a very thorough and well written per curium opinion. The Court of Appeals found that trial counsel was ineffective for failing to investigate, failing to interview witnesses, and failing to adequately present a defense, and that appellate counsel was ineffective for failing to raise trial counsel’s ineffectiveness in the defendant’s direct appeal.

Cases involving a finding of ineffective assistance of trial and/or appellate counsel by courts are a stark reminder of the critical importance of hiring the right lawyer to defend you. If you are faced with similar false charges of sexual assault, or have already been falsely convicted, let the lawyers at Kirsch & Satawa bring all of their experience and expertise to the fight on your behalf. The stakes are too high to settle for anything less than the absolute best.

Kirsch & Satawa, PC. As always – Defending your rights, protecting your future.

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