Below is a list of recent successes The Tieber Law Office has achieved in cases, both in Michigan and Federal appellate courts. Names and exact dates have been omitted to preserve client confidentiality:
The Tieber Law Office was granted an evidentiary hearing in federal
district court after a state court conviction for sexually abusive activity for
which our client was sentenced to 7-40 years in prison. After hearing several witnesses, the
federal district court judge issued a writ of habeas corpus from the bench,
requiring the state to grant a new trial or release our client within 120 days.
DATE OF GRANT OF WRIT OF HABEAS CORPUS: November 12, 2009
The Tieber Law Office was retained to seek an earlier parole date for
our client, who was given a lengthy term of years in 1993. After filing a motion and brief, and
after arguing the matter, in the Livingston County Circuit Court, requesting
that the trial judge grant permission for earlier parole consideration in a
habitual case, the Tieber Law Office was granted an order permitting the parole
board to consider the client's release 3 ½ years earlier than scheduled. The client expects to be released soon
based on his prison record.
DATE OF GRANT OF EARLY PAROLE CONSIDERATION: November 12, 2009
Our client was granted a writ of habeas corpus by the federal district
court in September of 2008 (see below, date of reversal, September 2008) and
the attorney general appealed to the United States Court of Appeals for the
Sixth Circuit. The Tieber Law
office filed a responsive brief in the Sixth Circuit and argued the case in
Cincinnati in May of 2009. The
Sixth Circuit issued a full opinion affirming the grant of the writ of habeas
corpus by the federal district, court and demanding that the state retry our
client, or release him, within 120 days.
DATE OF SIXTH CIRCUIT OPINION AFFIRMING GRANT OF HABEAS WRIT: November 5, 2009
Our client was initially granted a writ of habeas corpus by the federal
district court in a first degree murder case (see below, date of reversal, May
2007). After that decision was
reversed by the Sixth Circuit the Tieber Law Office, serving as co-counsel with
Matthew Leitman of Miller-Canfield, filed a postconviction action in state court
under MCR 6.500 and again reversed the first degree murder conviction. The client was released on bond pending
further appeals by the state.
DATE OF REVERSAL OF FIRST DEGREE MURDER CONVICTION THROUGH MCR 6.500
ACTION: September 8, 2009
Following a jury trial, our client was convicted of a Criminal
Sexual Conduct charge. He hired the Tieber Law Office to appeal his
conviction. The Office submitted a brief, which pointed out that his re-trial was not permitted because it violated his constitutional protections against Double Jeopardy. The Michigan Court of Appeals agreed and the Tieber Law Office was successful
in getting his conviction reversed.
DATE OF REVERSAL: September, 2009
Our client was convicted of criminal sexual conduct in the first degree, kidnapping, and assault. He lost his direct appeal through attorney neglect a decade ago. The Tieber Law Office was recently retained and filed a multi-issue Motion for Relief from Judgment, under MCR 6.500, arguing, among other issues, that our client's direct appeal rights should be restored due to ineffective assistance of appellate counsel in 1999. The trial court agreed and our client's appeal rights were restored, allowing him to file a timely application for leave to appeal his original guilty plea conviction, thus restoring his ability to eventually file a federal habeas petition if he is not able to obtain relief in the state appellate courts.
DATE OF ORDER: June, 2009
Our client was convicted of burning his own home and sentenced to up to 20 years in prison. After extensive work covering years, we were able to persuade the Michigan Court of Appeals to reverse his conviction.
At trial, the prosecution fought tooth and nail to deny our client an appointed electrical engineer despite the fact that they brought in an electrical engineer supplied by the insurance company in this lengthy and complex arson trial. On appeal, through a highly qualified electrical engineer who agreed to work without pay, we were able to prove that the fire was caused by an electrical short. The Court of Appeals, in reversing the conviction, did not even get to that issue, instead reversing on the fact that the trial court abused its discretion in admitting evidence of various prior fires "associated with" our client, another issue developed on appeal.
DATE OF REVERSAL: May 5, 2009
Our client was serving a sentence of 10-25 years imprisonment after being convicted of a Criminal Sexual Conduct charge. He retained the Tieber Law Office to handle his Habeas Petition, which F. Martin Tieber authored and filed. A United States District Court magistrate issued a report and recommendation urging the assigned judge to grant our client's Writ in May of 2008. In September, the federal judge agreed with the magistrate and granted the Writ of Habeas Corpus which required that our client be retried or released.
DATE OF REVERSAL: September, 2008
Mr. Tieber's Petition for a Writ of Habeas Corpus on behalf of our client was granted by the United States District Court for the Eastern District of Michigan, overturning a conviction for 1st Degree murder and a non-parolable life sentence.
DATE OF REVERSAL: May, 2007
Our client was convicted of second degree CSC, and received a sentence of 3-15 years. After reviewing the case, F. Martin Tieber filed a successful multi-issue Motion for Relief from Judgment under MCR 6.500 with supporting brief. Our client's conviction was vacated and he was released from jail.
DATE OF ORDER: November, 2004
Our client was convicted of Second Degree Murder after a lengthy bench trial and was sentenced to 17-30 years imprisonment. F. Martin Tieber was hired and, after conducting an evidentiary hearing on complex medical and scientific evidence, was able to persuade the trial court to reverse this conviction. The trial court's reversal was affirmed by Michigan's Court of Appeals and Supreme Court.
DATE OF REVERSAL: December, 2003
RECENT EVIDENTIARY HEARING WINS
In August of 2009, the United States District Court granted an evidentiary hearing AND the release of critical evidence for testing, which had previously been denied throughout the Michigan State Court system.
In July of 2009, after a successful petition by the Tieber Law Office, the United States District Court granted our client an evidentiary hearing on the issue of juror bias, which had previously been denied throughout the Michigan State Court system.
After successful motions to the Michigan Court of Appeals, the Tieber Law Office won two separate clients Ginther Hearings at the trial level in November of 2008 and February of 2009.