Concerns:
- Ineffective assistance of counsel
- Failure to move to dismiss a reckless-driving causing death charge
- The Motor Vehicle Act (MVA) MCL 257.626(4)
- Whether careless maintenance can satisfy the elements of reckless operation & operation causing death Willful & wanton “manner”MCL 257.626(2)
- Fair notice
- Prejudice
Summary:
Under the reckless driving statute the court held that defendant-Otto was denied effective assistance of counsel because defense counsel failed to move to dismiss the reckless-driving causing death charge when the facts here—”failing to maintain a vehicle and then operating the poorly maintained vehicle—cannot support a conviction under MCL 257.626(4).”
The court vacated his conviction. “The prosecution’s theory was that Otto failed to maintain the truck he was driving and that failure made him criminally liable under MCL 257.626(4) when the truck’s brakes failed while he was driving it, causing a wreck that resulted in a child’s death.”
The court found that “counsel should have moved to quash or dismiss the defective charge, and such a motion would have been successful.” It determined that counsel “was objectively deficient, and the deficiency was outcome determinative.”
The court concluded that the “text and context of MCL 257.626(4), and more broadly the [MVA], do not support the boundless interpretation underpinning the prosecution’s theory and Otto’s conviction.” Thus, it vacated the conviction, concluding that to “hold otherwise would be to allow the prosecution—not the Legislature—to criminalize a wide array of commonplace conduct (such as failing to check your brakes, driving on old tires, and driving on empty) that the Legislature did not intend to outlaw.”
FAQ
What does Quash mean?
to say officially that something or an earlier decision, is no longer to be accepted: His conviction was quashed after his attorney argued that police evidence was all lies.
What is conviction vacated mean?
When a sentence is vacated: It legally annuls the conviction. Vacating a criminal sentence means removing that conviction from a person’s record. The record will then appear as if the person was never charged and convicted of a crime.
Why would a sentence be vacated?
Someone who has their conviction vacated are released from custody under certain conditions, such as a plea bargain being breached, proof of ineffective counsel, court bias, or another similar factor that might have impacted the outcome of the original trial.
Is vacating the same as dismissing?
‘Vacating’ or ‘setting aside’ is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or ‘no contest’ judgment).
‘Dismissing’ applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
Does vacated mean innocent?
Winning the motion to vacate doesn’t mean that this is the end of the matter. The conviction or sentence is canceled as if it never existed, but the court doesn’t close your case. Instead, the prosecutor then decides whether to drop or pursue the original charges.
More Posts
![A Little History of Alcohol Prohibition](https://komornlaw.com/wp-content/uploads/2021/11/Lets-Talk-about-Beer-1080x675.jpg)
A Little History of Alcohol Prohibition
*This section is based in large part on a paper prepared for the Commission by Jane Lang McGrew, an attorney from Washington, D.C. In 1920, the national policy of Prohibition began. The 18th Amendment to the Constitution had been officially ratified: It sought, by...
Michigan lab fights back in court after marijuana recall
A marijuana lab licensed in Michigan is suing the Marijuana Regulatory Agency (MRA) over a recall that impacted nearly $230 million worth and 64,000 pounds of marijuana products in the state. Michigan Court of Claims Judge Christopher M. Murray on Monday appeared to...
![President Nixon’s National Commission on Marihuana and Drug Abuse](https://komornlaw.com/wp-content/uploads/2021/11/Nixon-The-Schaffer-Report-Marijuana-1080x675.jpg)
President Nixon’s National Commission on Marihuana and Drug Abuse
President Nixon's National Commission on Marihuana and Drug Abuse concluded in 1972, after years of research, that, "[t]here is little proven danger of physical or psychological harm from the experimental or intermittent use of natural preparations of cannabis."...
![Michigan Crime-Annual Reports](https://komornlaw.com/wp-content/uploads/2021/12/Michigan-Crime-Stats-Komorn-Law.jpg)
Michigan Crime-Annual Reports
Crime in Michigan Annual Reports Michigan published their first annual report using exclusively incident based data in calendar year 2007. Prior to 2007, conversion back to the FBI Summary system was required for the publication. Note: The...
![Testing Lab Sues Marijuana Regulatory Agency Over Recall](https://komornlaw.com/wp-content/uploads/2021/11/Marijuana-Product-Recall-in-Michigan.jpg)
Testing Lab Sues Marijuana Regulatory Agency Over Recall
A cannabis testing lab is suing the Michigan’s Marijuana Regulatory Agency over a major recall of cannabis products. Many products tested by Viridis Laboratories were pulled from shelves The marijuana products impacted have a test date between August 10, 2021 and...
![Official Notification of Marijuana Product Recall](https://komornlaw.com/wp-content/uploads/2021/11/RECALL-1-1080x675.png)
Official Notification of Marijuana Product Recall
The Marijuana Regulatory Agency (MRA) has identified inaccurate and/or unreliable results of products tested by laboratories Viridis North, LLC and Viridis Laboratories, LLC. A link to the locations affected by the recall is at the end of this information In the...
![MRA Rule 27](https://komornlaw.com/wp-content/uploads/2021/10/Security-Camera-1.jpg)
MRA Rule 27
Rule 27. Security measures; required plan; video surveillance system. (1) An applicant for a license to operate a proposed marihuana facility shall submit a security plan that demonstrates, at a minimum, the ability to meet the requirements of this rule. (2) Licensees...
![USDA approves Michigan’s modifications to the state’s industrial hemp plan](https://komornlaw.com/wp-content/uploads/2021/10/MDARD-Michigan-Industrial-Hemp-News-1080x675.jpg)
USDA approves Michigan’s modifications to the state’s industrial hemp plan
On October 21, 2021, the Michigan Department of Agriculture and Rural Development (MDARD) received federal approval of the revised Michigan Hemp Production Plan dated October 18, 2021. The plan contains regulatory requirements for cultivating industrial hemp...
![Michigan Legislation Recently Signed into Public Acts](https://komornlaw.com/wp-content/uploads/2019/05/lansing-dw190317-02-1080x608.jpg)
Michigan Legislation Recently Signed into Public Acts
2021 Public Act 85 of 2021 – Michigan Vehicle Code, Technical Changes Regarding Eliminating Sunset for .08 Limit, Effective September 24, 2021 SB 617 (Victory) Crimes: intoxication or impairment; technical changes regarding eliminating sunset for .08 limit;...
![Detroit voters to decide decriminalize psychedelics](https://komornlaw.com/wp-content/uploads/2021/10/Detroit-Magic-Mushrooms-1080x675.jpg)
Detroit voters to decide decriminalize psychedelics
Detroit — City voters on Tuesday will decide whether to decriminalize psychedelic plants and if Detroit's charter should be amended to allow for citizen-driven ballot initiatives that impact city spending. Voter-initiated Proposal E asks...