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
![Dead goats lead Michigan deputies to illegal marijuana grow](https://komornlaw.com/wp-content/uploads/2024/03/Dead-Goats-Lead-to-Marijuana-Bust.jpg)
Dead goats lead Michigan deputies to illegal marijuana grow
Deceased goats pointed Calhoun County deputies in the direction of a much larger investigation over the weekend. Deputies had been called to Cooper Avenue near Burton Street Saturday for an animal welfare complaint, and found four dead goats at the back of the...
![How DUI Charges Impact Your Child’s Future](https://komornlaw.com/wp-content/uploads/2024/03/Every-year-countless-young-drivers-find-themselves-facing-DUI-charges.jpg)
How DUI Charges Impact Your Child’s Future
In Michigan driving is considered a privilege. with this privilege comes immense responsibility, especially when it comes to driving under the influence (DUI) as well as other responsibilities. The consequences of youth DUI extend far beyond the immediate legal...
![Over 650 investigative cases affected by DNA analyst’s data manipulation](https://komornlaw.com/wp-content/uploads/2024/03/Corrupt-labs-ruining-lives-Lower-The-Bar-More-04.jpg)
Over 650 investigative cases affected by DNA analyst’s data manipulation
652 cases between 2008 and 2023 are affected. Cases before that are still under review. A former DNA analyst with the Colorado Bureau of Investigation (CBI) manipulated DNA results and "cut corners" – and as a result, all of her work at the agency over nearly 30 years...
![Michigan wants to study marijuana’s health benefits](https://komornlaw.com/wp-content/uploads/2024/03/Science-Money-Money-Science-Money-Money.jpg)
Michigan wants to study marijuana’s health benefits
MICHIGAN WANTS TO STUDY MARIJUANA’S HEALTH BENEFITSWhen Michigan voters approved recreational marijuana six years ago, they also allocated cannabis tax revenue for research into the health benefits of the drug specifically for military veterans. In a remarkable...
![Smoking cannabis associated with increased risk of heart attack, stroke](https://komornlaw.com/wp-content/uploads/2024/02/Study-claims-any-use-of-marijuana-linked-to-higher-risk-of-heart-attack-and-stroke-1080.jpg)
Smoking cannabis associated with increased risk of heart attack, stroke
NIH-funded observational study shows risk grows sharply with more frequent use.Smoking, vaping, or consuming marijuana has been found to be associated with a significantly heightened risk of heart attack and stroke, regardless of a person's pre-existing heart...
![Rescheduling Marijuana Would Be a Threat to Public Health](https://komornlaw.com/wp-content/uploads/2024/03/Cannabis-Hemp-Rescheduling.jpg)
Rescheduling Marijuana Would Be a Threat to Public Health
Kevin Sabet of Smart Approaches to Marijuana says policy makers need to learn from their mistakes with hemp when considering marijuana rescheduling. It’s rare for policymakers to get a preview of the consequences of pending policies, but the descheduling of...
![$87 million in adult-use marijuana payments to be sent out across Michigan](https://komornlaw.com/wp-content/uploads/2023/06/Money-Money-Money.jpg)
$87 million in adult-use marijuana payments to be sent out across Michigan
The Michigan Department of Treasury today announced that more than $87 million is being distributed among 269 municipalities and counties as a part of the Michigan Regulation and Taxation of Marijuana Act. Over the next few days, 99 cities, 30 villages, 69 townships...
![Meet MiChap](https://komornlaw.com/wp-content/uploads/2024/02/planet-protector-badge-784x675.png)
Meet MiChap
Climate and Health Adaptation ProgramYou must save yourself from yourself.Meet MICHAPOur Vision: Michigan's public health system fosters equitable health and wellbeing as it adapts to the current and future impacts of climate change. Our Mission: The Michigan Climate...
![Understanding the Rule of Completeness in Michigan Courts](https://komornlaw.com/wp-content/uploads/2024/02/Without-rules-we-are-just-animals.jpg)
Understanding the Rule of Completeness in Michigan Courts
Understanding the Rule of Completeness in Michigan Courts: MRE 106In the pursuit of truth and ensuring fairness during legal proceedings, the Michigan Rules of Evidence (MRE) play a crucial role. One particular rule, MRE 106 (Completeness), safeguards against...
![Police seize 4,000 marijuana plants, processed weed worth $6.3M](https://komornlaw.com/wp-content/uploads/2024/03/The-MSP-Marijuana-Tobacco-Investigation-Section-oversees-marijuana-criminal-law-and-tax-violations.jpg)
Police seize 4,000 marijuana plants, processed weed worth $6.3M
HIGHLAND PARK, MI - Feb. 24, 2024 Michigan State Police say they busted a “large-scale illicit market” marijuana grow operation in metro Detroit. After a months long investigation, the Michigan State Police Marijuana & Tobacco Investigation Section conducted a...