Michigan Drunk Driving Appellate Decisions

Case Court Year Case Summary
State of Michigan v Robert James Roseberry Michigan Supreme Court 2002 Untimely collateral attack on a prior convictions cannot provide a basis for relief to OWI 3rd enhancements IF (but ony if?) Defendant pleads guilty to the new offense with the benefit of counsel. Dissent is very strong and relies on Burgett v Texas, 389 U.S. 109; 88 S. Ct. 258; 19 L. Ed. 2d 319 (1967), and United States v Tucker, 404 U.S. 443; 92 S. Ct. 589; 30 L. Ed. 2d 592 (1972).
State of Michigan v Jeffrey Scott Ward Michigan Supreme Court 2012
State of Michigan v Matthew Joseph Soares Michigan Supreme Court 2010
State of Michigan v Pineda, Docket No. 286267, October 20, 2009 (2009) Michigan Court of Appeals 2009 OWI Causing Death and 2nd Degree Murder convictions upheld on appeal. While "not every intoxicated driving case resulting in a fatality constitutes second-degree murder," a verdict of second-degree murder may be appropriate where the evidence demonstrates "a level of misconduct that goes beyond that of drunk driving." Miranda issues raised by defendant failed to establish that statements were involuntary.
State of Michigan v Raul E. Ramirez, Jr Michigan Court of Appeals 1998
State of Michigan v David James Montague Michigan Court of Appeals 2005
People v Harold Johnson Michigan Court of Appeals 1980
State of Michigan v Marjorie Lynn Dehner Michigan Court of Appeals 2011
State of Michigan v Joseph Edward Cartwright Michigan Court of Appeals 2000
State of Michigan v Dean Lee Rector Michigan Court of Appeals 2007 ----------------------------------------