Results

October 2009—30th Circuit Court

A client has his district court jury trial conviction reversed on appeal to the 30th Circuit Court.  The client asked a parking enforcement officer at MSU for his name because MSU parking officers were known to send substitutes to court to testify. The parking officer called the police and claimed he was “interrupted” in performing his duties.  The client was charged with violating MSU ordinance 15.05 for “interrupting the normal activity of a university employee.”  The charge and conviction were challenged on first amendment grounds. The circuit court agreed, declared the ordinance unconstitutional, set aside the conviction, and dismissed all charges.  The prosecutor’s office has filed an appeal.

September 2009—30th Circuit Court

Client had been criminally charged with failing to pay child support in a 1997 custody and support case.  Over the last several years, client had been jailed and ordered to pay several times.  Client claimed that mother of children was married to another man at time children were conceived and born.  Case was forced to trial and mother of children admitted it was true just before trial.  Criminal case was dismissed.  Motion was then filed in custody and support case to set aside twelve year old support order.  Motion was granted, order was set aside, all arrearages were erased, and case was dismissed.

August 2009—30th Circuit Court—Family Division

Juvenile client is charged with unarmed robbery.  Jury is impaneled but charges were dismissed after prosecution’s first witness is cross-examined and cannot identify his alleged assailants.

July 2009—56-A District Court

Client was in a traffic accident on freeway during winter.  He strikes an illegally parked car on the freeway.  Client is charged with careless driving and failing to report an accident.  He pleads guilty to both charges.  Owner of the illegally parked car fails to claim his car and then seeks restitution for entire value of car and tow bill from client. Prosecutor’s office seeks to amend restitution order (which did not exist) to add value of car and towing bill to failing to report case.  Motion to amend restitution was opposed and a brief with applicable law was filed.  Hearing was held and motion to amend restitution order was denied.  Client was not liable for value of the illegally parked car or its towing bill.

April 2009– 30th Circuit Court

Client is charged with criminal sexual conduct.  Victim was less than 12 years of age.  At preliminary examination, case was challenged because police and social workers did not follow child interview protocol.  Motion to dismiss due to tainted interview process ultimately granted and all charges were dismissed.

January 2009 – 30th Circuit Court

Client was charged with criminal sexual conduct third degree for allegedly participating in a gang rape.  Preliminary examination was held and victim claimed a fourth man present never touched her.  Demands and motions were made to require government to complete DNA testing.  DNA results showed that victim had sexual intercourse with fourth man in the room.  Client’s DNA was not present.  All charges dismissed.

September 2008—30th Circuit Court

Client was charged with criminal sexual conduct third degree for allegedly forcing intercourse with an adult female after a bachelorette/bachelor party. Numerous discovery demands were made to require prosecutor’s office to complete evidence testing and produce documentation to support testing that was done.  Prosecutor’s office failed to comply with court orders for discovery and case was dismissed.

September 2008—30th Circuit Court

Client charged with credit card fraud.  Alleged victim was client’s aunt who made allegations in retaliation for family dispute.  Victim had given client permission to use card for herself and to make purchases for the victim.  Prosecutor’s office refused to comply with numerous discovery demands and one discovery order to provide receipts from purchases.  Victim was present during at least one purchase and signatures would have exonerated client.  Trial court dismissed charges after prosecutor’s office repeatedly failed to comply with orders to produce.

J. Nicholas "Nick" Bostic
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