"presented annually to those who exemplify the highest standards of professionalism and/ or judicial practice"
Recent Successes - Trial Level
The defendant was originally charged with one count each of assault with the intent to commit armed robbery (AWIRA), armed robbery, felon in possession of a firearm while ineligible (felon in possession), possession of a firearm in the commission of a felony-2nd offense (felony firearm 2nd offense), and four counts of felonious assault. AWIRA and armed robbery both carry maximum sentences of life in prison. Felony firearm 2nd carries a mandatory five year consecutive sentence. Felonious assault carries a maximum sentence of four years.
The trial judge dismissed the armed robbery charge upon Mr. McCarthy’s motion for a directed verdict. The jury acquitted the defendant of AWIRA and the firearm possession charges. It convicted him of but three of the four felonious assault charges. He received three concurrent prison sentences of from thirty months to eight years as a second habitual felony offender.
The defendant was charged with assault with the intent to commit sexual penetration as a fourth habitual felony offender, an offense that carries a maximum of life in prison. After a three day jury trial he was acquitted of that charge and convicted instead of assault and battery. That is a 93 day misdemeanor.
The defendant was originally charged with one count each of assault with the intent to murder (AWIM), assault with the intent to rob while armed (AWIRA), felon in possession and felony firearm. The AWIRA charge was dismissed following the preliminary examination. At the conclusion of a four day jury trial the defendant was acquitted of the AWIM charge and was found guilty instead of the less serious crime of assault with the intent to do great bodily harm less than murder (AGBH). That crime carries a maximum term of ten years in prison. He was sentenced to serve from nineteen months to ten years in prison plus two years pursuant to his conviction for felony firearm.
The defendant was charged with one count of assault with the intent to murder (AWIM), a life maximum offense, and one count of assault with the intent to do great bodily harm less than murder (AGBH), a ten year offense, in the alternative. He was also charged with felony firearm, carrying a concealed weapon and possession of stolen property. He was acquitted of AWIM following a four day jury trial. He was found guilty of AGBH, felony firearm, carrying a concealed weapon and possession of stolen property. He was sentenced to serve a minimum term of five years and a maximum term of ten years in prison pursuant to his conviction for AGBH. In addition he was sentenced to serve a two year consecutive term pursuant to his conviction for felony firearm.
Had any of the four defendants described above been convicted of the capital crimes, (i.e. life in prison maximum penalty), with which they were originally charged their minimum sentences would have been at least ten years and six months and could have been as high as seventeen years and six months. The outcomes of each of those trials were substantially beneficial to the respective defendants.
Recent Successes - Appellate Level
In five separate cases, three in the Wayne County Circuit and two in the Oakland County Circuit Court, the defendant’s constitutionally guaranteed right to appeal his jury trial based convictions and sentences was lost due to a combination of judicial, clerical or attorney errors. Mr. McCarthy was successful in each of the motions he filed and argued on behalf of those five criminal appellants to have their individual right to appeal reinstated. Each of those appeals is currently pending before the Michigan Court of appeals. Had those motions been denied, or not even filed, each of the five appellants would have lost their constitutionally guaranteed right to have their appeal decided by the Court of Appeals after full briefing and oral argument.
The Court of Appeals reversed the appellant’s sentence to life in prison imposed pursuant to his conviction for one count of second degree home invasion. The trial court judge who imposed that severe sentence stated that he was doing so because of the defendant’s extensive prior criminal record. A resentencing hearing was conducted before a different circuit court judge following remand. At that time the defendant received a sentence of from eleven years to thirty years in prison, a substantial reduction.
Post appellate relief was granted to the defendant due to the ineffective assistance of his trial level attorney who failed to seek the dismissal of six counts of first degree criminal sexual conduct due to the expiration of the applicable statute of limitations. The Michigan Supreme Court reversed the defendant’s convictions and sentences. However, he had already served nearly twelve years in prison on his six concurrent sentences of from six years to twenty-five years when the Michigan Supreme Court issued its order.
An evidentiary hearing was conducted in the Oakland County Circuit Court upon remand. The trial court judge dismissed the charges brought against the defendant with prejudice following that hearing. He was released from prison custody that day.
In The News
June, Detroit Legal News, Re: Receipt of Oakland County Bar Association's 2012 Professionalism Award.
May, June and September, Detroit Free Press, Re: People v Mitchell Jordan Young.
April, Detroit Free Press, Re: People v Nolan Ray George
January, Detroit Free Press, Re: People v Steven Michael Kelsey
September, Detroit Free Press, Re: People v Steven Michael Kelsey
March, Detroit Free Press, Re: People v Nikole Michelle Frederick
Co-Chairman and presenter at Oakland County Bar Association’s Bench/Bar Conference, Criminal Law Section.
Lecture given for Oakland County Bar Association’s Criminal Law Committee. Topic: Appellate Practice.
Appointed to Oakland County Circuit Court Criminal Law Committee.
Presenter at Oakland County Bar Association’s Bench/Bar Conference, Criminal Law Section.
Chapter coauthor of Michigan Criminal Procedure, published by the Institute for Continuing Legal Education.
Lecture given for Oakland County Bar Association’s Criminal Law Committee re: The Suppression of Confessions.
Appearance on Practical Law, Bloomfield Cablevision, to discuss confessions given by criminal defendants and the suppression of those statements.
Laches article entitled Cooperation: The Road to Parole for Drug Offenders Sentenced to Life.
Lecture given for Oakland County Bar Association’s Criminal Law Committee. Topic: Sentencing guidelines.
Lecture given for Oakland County Bar Association’s Criminal Law Committee. Topic: Basic Skills for Criminal Trials.