State Supreme Court: New trial for Battle Creek-area woman
BATTLE CREEK, Mich. (AP) — The Michigan Supreme Court has cleared the way for a new trial for a Battle Creek-area woman who insists she’s innocent of criminal sexual conduct against a child.
In an order released Wednesday, the court says the appeals court used the wrong legal standard in stopping a new trial for Lorinda Swain.
Swain was convicted in 2002 and sentenced to at least 25 years in prison. But her conviction was set aside by a Calhoun County judge after Swain claimed a former boyfriend who didn’t appear at trial would have given favorable testimony. The judge said it was new evidence.
Justice Bridget McCormack didn’t participate in the Supreme Court decision. Before joining the court, she was Swain’s lawyer at the University of Michigan law school’s Innocence Clinic.
Michigan high court makes appointments and reappointments
On order of the Michigan Supreme Court, effective July 1, 2016, the following members of the Michigan Tribal State Federal Judicial Forum are reappointed to terms ending July 1, 2019:
• Chief Judge Susan L. Dobrich, Cass County Courts, 43rd Circuit Court Family Division
• Judge Jeffrey C. Nellis, Mason County Probate Court, 51st Circuit Court Family Division
• Chief Judge Larry J. Nelson, Leelanau County Probate Court, 13th Circuit Court Family Division
• Assistant U.S. Attorney Jeff Davis (W.D. Michigan)
On further order of the Court, effective July 1, 2016, the following state court judges are appointed to terms ending July 1, 2019:
• Judge Terence J. Ackert, Kent County Probate Court, 17th Circuit Court Family Division
• Judge Jerome C. Cavanagh, Wayne County Circuit Court, 3rd Circuit Court Family Division
• Judge Beth A. Gibson, 92nd District Court
Panel considers if juries can give teens life with no parole
LANSING, Mich. (AP) — A special group of appellate judges has heard arguments on whether juries — not trial judges — should sentence teens to life without parole.
Seven members of the Michigan Court of Appeals convened Wednesday to hear conflicting opinions.
A three-judge panel set a key precedent last year in ruling that juries must decide whether someone under 18 gets a no-parole sentence, based off U.S. Supreme Court decisions. A different set of judges had to apply it to a Flint murder case but firmly disagreed.
Genesee County assistant prosecuting attorney Joseph Sawka said a judge has discretion to impose life without parole once jurors find a defendant guilty.
But Kimberly Thomas of the Criminal Defense Attorneys of Michigan said letting a judge make such "factual findings" in unconstitutional.
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