Client, a middle-aged mother of four adult children, was accused of shooting her estranged husband five times while he slept in his bed. Her husband survived the shooting. The shooting occurred at the estranged husband’s separate residence while divorce proceedings were pending in Lorain County. The client proceeded to trial with an attorney who had not filed necessary pre-trial motions challenging evidence that was vital to the case. The client was convicted of all charges and sentenced to 13 years in jail.
Marein and Bradley were hired to handle the appeal and challenged the effectiveness of the client’s trial counsel for failing to file pre-trial motions. The Court of Appeals agreed with Marein and Bradley and ordered a new trial.
Marein and Bradley handled the new trial proceedings and challenged the scientific evidence (gunshot residue removed from the client’s hands by detectives on the night of the shooting). During the middle of the jury trial in Lorain County, where Marein and Bradley extensively attacked the husband’s ability to identify his attacker, the prosecutor offered Marein and Bradley a plea bargain for the client (plead guilty to lesser charges, accept 30 days in jail and one year probation). Marein and Bradley encouraged the client to accept the plea. The client was home after serving her 30-day sentence. An incredible victory considering the client was originally sentenced to 13 years in the penitentiary.