A sampling of some significant published cases handled by Douglas Mullkoff:
People v George Evan Feezel,
Michigan Supreme Court #138031
By a vote of 7-0, The Michigan Supreme Court agreed with defense counsel and reversed the conviction for failing to stop at the scene of an accident that resulted in death. By a vote of 4-3 The Supreme Court also adopted defense counsel’s second argument and vacated the conviction for operating a motor vehicle with the presence of a controlled substance in the body, causing death.
According to The Supreme Court, the trial judge abused his discretion by refusing to admit evidence of the pedestrian victim's .26 blood alcohol level at the time he was struck. Three of the offenses with which defendant was charged contain an element of causation, and the prosecutor was required to proved causation beyond a reasonable doubt for each offense. The victim's extreme intoxication was relevant as the defense argued and admissible as to whether the prima facie element of proximate causation was proved beyond a reasonable doubt.
Overruling their previous controversial opinion in People v Derror, 475 Mich 316 (2006), The Supreme Court declared that 11-carboxy THC should no longer be viewed as a controlled substance and, therefore, a person can no longer be prosecuted for operating a motor vehicle with any amount of 11¬carboxy-THC in his or her system.
USA v Jake Baker, 104 F3d 1492 (6th Cir. 1997)
This landmark early internet decision involved a federal prosecution of a student who
published lurid and violent fantasy writings online. The Court agreed to dismiss the case
because prosecution violated his First Amendment free speech rights.
USA v Rex Robinson, 638 F.Supp 2d 764 (2009)
On appeal, court agrees to vacate marijuana conspiracy conviction because
original lawyer was ineffective, in violation of Sixth Amendment.
Hardin v Straub, 490 US 536, 104 LEd 2d 582 (1989)
9-0 victory in United States Supreme Court on behalf of prisoner pursuing
civil rights claim.
USA v Flores, 477 F.3d 431 (6th Cir. 2007)
On appeal court agrees with counsel’s assertion that carrying a concealed weapon is not a
crime of violence, and vacates sentence.
USA v Marcus Franklin, 415 F.3d 537 (6th Cir. 2005)
Appeals court agrees with defense argument that Sixth Amendment was violated
by the Judge.
USA v Turner and Larkins, 272 F.3d 380 (6th Cir. 2001)
On appeal, court reverses conviction for conspiracy since government’s evidence was
insufficient to prove case beyond a reasonable doubt.
McCullough v Cady, 640 F Supp 1012 (1984)
Federal Court decision upholding civil rights verdict in favor of inmate shot by
prison guard.
USA v Payne, 2 F.3d 706 (6th Cir. 1993)
Federal appeals court agrees with defense and reverses conviction because of prosecutorial
misconduct during trial.
Flatford v City of Monroe, 17 F.3d 162 (6th Cir. 1994)
Right to pursue civil rights sued on behalf of family illegally evicted by city officials upheld
by federal appeals court.
Vallina v Meese, 704 F Supp 769 (1988)
Suit against federal prison for mistreatment of “Marielito” Cuban immigrants imprisoned
pending deportation.
People v Jeffrey Robinson, 172 MiApp 650 (1988)
Michigan Court of Appeals agrees that sentence must be reversed because it is shocking to
the conscience.
People v Jeffrey Minor, 170 MiApp (1988)
Michigan Court of Appeals reverses Defendant’s conviction because of evidence unfairly
admitted against him at trial.
Additional Published Decisions
- People v Harns, 227 MiApp 573 (1998)
- USA v Nabors, 901 F2d 1351 (6th Cir. 1990)
- USA v Nagi, 947 F2d 214 (6th Cir. 1991)
- USA v Billie Joe Chambers, 944 F2d 153 (6th Cir. 1991)
- People v Sam Brown, 165 Mich App 237 (1987)
- People v Ray, 191 Mich App 706 (1991)
- People v Ricardo Hart, 161 Mich App 630 (1987)
- People v Palmer Cope, 169 Mich App 461 (1988)
