JAMES C. THOMAS P.C.
586-726-1000
Rare Move in Sixth Court
In a complex prosecution of Mr. Safedine, in what was alleged to be a Klein tax fraud conspiracy, we were able to appeal successfully to the Sixth Circuit, thereby allowing the defendant to be released with credit for time served. His original 21-month conviction was VACATED, and he was released with credit for time served. Upon re-sentencing, his guidelines were calculated, his fraud computation was decreased from nearly $200,000.00 to less than $3,000.00 not only avoiding a huge tax liability, but the chance of deportation.
Court of Appeals Conviction Reversal
Having been convicted by a jury, Mr. Harris came to our office asking for representation in a motion for new trial because his previous lawyer failed to call two key witnesses. Although sentenced to imprisonment, the court allowed him to remain free on bond pending appeal. The Court of Appeals reversed his conviction in this ORDER. Having been granted a new trial, he was subsequently acquitted.
St. Clair County - Suppression Evidence and Dismissal of Charges
The Constitution is alive and well in St. Clair County. In a highly-unusual move, the district court granted suppression of evidence and a dismissal of charges based upon the filing of a MOTION challenging an unlawful stop, and the search and seizure that followed.
United States Supreme Court Vacates Sentence
Good representation involves not only a working knowledge of the law as it exists, but also the ability to anticipate issues which are ripe for change. In the trial of the Highwaymen Motorcycle Club racketeering matter, Mr. Nagi was convicted of aiding and abetting. The case law as it existed regarding aiding and abetting had been challenged prior to trial, during trial, and on motions for new trial following conviction. Leaving no stone unturned, and recognizing the scant evidence necessary to convict in a federal case, the issue was preserved and argued on APPEAL in the Sixth Circuit. After the Sixth Circuit upheld the trial court, Mr. Nagi PETITIONED the United States Supreme Court. The United States Supreme Court then VACATED his sentence on the aiding and abetting conviction, which was ultimately dismissed.
Second Amendment Rights Case Dismissed
In an internationally publicized prosecution of members of a paramilitary group exercising their second amendment right to keep and bear arms. The trial court DISMISSED the case mid-trial after two months of testimony finding that there was no federal interest.
District Court Reverses Convictions in the First Post-911 Terrorist Trial
After the jurors rejected the Government’s attempt to convict Ahmed Hannan of terrorism, in the country’s first post-911 terrorism trial, district court Judge Gerald Rosen DISMISSED all charges against all defendants. In a lengthy RESPONSE to the defendants’ motion for new trial, the Government was critical of the conduct of the Assistant United States Attorney who had conducted the case. This CRITICISM and the investigation that followed, led to the indictment of the prosecutor for failure to disclose information that would have been helpful to the DEFENSE. At a later hearing, the United States made an APOLOGY to Mr. Hannan who now has returned to his native country, Morocco.
Canadian Citizen Acquitted of Marijuana Smuggling
After a lengthy trial, George Stone was acquitted of attempting to smuggle over 300 pounds of “Purple Haze” into the United States from Canada. The marijuana was found in a routine border x-ray (VACIS) of a tractor trailer in which Mr. Stone had been driving. After 180 days of incarceration, the jury ultimately ACQUITTED him of all charges.
Federal Judge Dismisses the Tamara Greene Case Against the City and Kwame Kilpatrick
In a highly-publicized civil complaint, alleging the wrongful death of Tamara Greene, the court considered motions for summary judgement by Kwame Kilpatrick and the City of Detroit. The case involved over 40 depositions throughout the country, coverage by the media, and the constant promotional barrage by plaintiff’s counsel against the former Mayor and the City of Detroit. The court considered the allegations of the plaintiff in the light most favorable to the plaintiff, and still could not find a sufficient basis to allow the case to continue. There was no basis in fact to support the allegations that there was a party at the Manoogian Mansion, nor that the former Mayor was in any way involved in the death of Tamara Greene. As a result, the defendants’ motions for summary judgment were GRANTED and the case was dismissed.