Michigan's State Appellate Defender Office is the public defender for appeals, appointed to represent Dr. Nassar on his state criminal convictions.
On December 13, 2018, the Court of Appeals agreed to consider whether Dr. Nassar is entitled to resentencing in the Ingham County case only based on the issue of whether Judge Rosemarie Aquilina was biased and partial when she handled Dr. Nasser's sentencing. (See below.) The Court of Appeals also agreed to consider whether Judge Aquilina should have been disqualified from hearing Dr.Nassar’s motion for resentencing for similar reasons.
We are pleased that the cases have moved along to the next step toward an ultimate determination of whether the judges followed the law in imposing sentences in these cases.
While no one should be above the law in our country it is also important for us to remember that no one should be beneath the law either. It is in the most difficult cases that we must be especially vigilant to ensure that the rule of law prevails.
Defendants, victims and the public at large need to know the legal system is fair.
The order, issued by Judges Brock A. Swartzle (Presiding), Patrick M. Mater and Stephen L Borrello, reads in part:
“The Court orders that the motion to withdraw Issue II in the delayed application for leave to appeal in Docket No. 345808 is GRANTED.
The Court orders that the motion to withdraw Issue IV in the delayed application for leave to appeal in Docket No. 345699 is GRANTED.
“The Court orders that the delayed application for leave to appeal in Docket No. 345808 is DENIED for lack of merit in the grounds presented.
“The Court orders that the delayed application for leave to appeal in Docket No. 345699 is GRANTED IN PART as to Issues I and II only. The application is DENIED IN PART as to Issue III for lack of merit in the grounds presented...”
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