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No. 126025
| The People of the State of Michigan, |
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Donald A. Kuebler |
Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Genesee - Ransom, R.) |
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| Duane Joshua Houston, |
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Gail Rodwan |
Defendant-Appellant. |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Supplemental Authority>>
Prosecuting Attorneys Association of Michigan's Amicus Curiae Brief>>
Background
This case involves the shooting death of John Strong on February 22, 2001 in Flint . A witness testified that Duane Houston shot Strong; Houston was questioned by the police and then charged with first-degree felony murder, felony-firearm, and assault with intent to rob while armed. Houston's alibi defense was rejected by the jury, which convicted him of second-degree murder and felony-firearm while acquitting him of the other charges. Houston was sentenced to life for the murder conviction, consecutive to the mandatory two years for felony-firearm. He raised two sentencing issues in the Court of Appeals, arguing that OV 3 (physical injury to the victim) was improperly scored, and that his life sentence was a departure from the sentencing guidelines. The Court of Appeals affirmed Houston 's convictions and sentences in a published opinion dated April 1, 2004. Houston appeals.
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