A three-judge section of the Michigan Court of Appeals on Tuesday denied the Oxford High School shooter’s requests to remove his guilty plea or been resentenced after an Oakland County prosecutor declined to do both.
In a small purchase issued Tuesday, Court of Appeals Presiding Judge Randy Wallace wrote that the calls were denied for a “lack of significance in the premises presented. ” No other reason was given by the board that included Court of Appeals courts Sima Patel and Thomas C. Cameron.
When Ethan Crumbley’s appealing attorney Jacqueline Ouvry appealed the Oakland County decision, she wrote that Crumbley’s legal team during his situation failed to properly evaluate limiting aspects before Crumbley pleaded guilty to killing four classmates and injuring six others and a professor.
Ouvry even contended that Oakland County Circuit Court Judge Kwame Rowe did not have all the data on limiting factors due to punishment Crumbley to life without parole in jail. Ouvry was no instantly available Tuesday to comment on the decision.
“The failure to conduct a mitigation investigation or retain a mitigation specialist created a snowball effect that impacted every portion of the Miller hearing, and each problem that Ethan raised in his postconviction movements, ” Ouvry wrote in her request to the Court of Appeals to grant Crumbley leave to appeal. “A prevention exploration may have led the defense team to the appropriate professionals that were required to provide the circuit court with a complete picture of Ethan. ”
Crumbley, who was 15 at the time of the Nov. 30, 2021 shooting at Oxford High School, pleaded guilty in October 2022 to killing four peers: Tate Myre, 16; Madisyn Baldwin, 17; Hana St. Juliana, 14; and Justin Shilling, 17. He also pleaded guilty to injuring six other kids and a professor and an act of terrorism for firing his weapon at least 33 days inside the class.
Crumbley, 19, is now serving a life sentence without the possibility of parole.
Rowe denied Crumbley’s postconviction demands Dec. 19 without a hearing to decide if Crumbley had inadequate aid of guidance, without allowing Ouvry to send more data and without hearing oral arguments.
“The Court finds that test counsel was not inadequate as Defendant has failed to provide any scientific verb for his claims, ” Rowe wrote. “Additionally, Defendant has failed to show that there is a fair probability of a different result but for test counsel’s alleged issues. The Court finds that Defendant’s sentence is constitutional and proportionate to the seriousness of the offense and the offender. ”
The Oakland County Circuit judge also found that Ouvry violated court rules because she did not request permission to exceed the page limits before she filed a too-long motion. Rowe said he would not accept any additional briefs.
Ouvry objected, arguing that these penalties were inappropriate and that Rowe did not have the power to impose them. Rowe rejected her motion for reconsideration in November.
Oakland County Prosecutor Karen McDonald said the ruling reaffirms basic truths.
“On November 30, 2021, the shooter murdered Madisyn Baldwin, Tate Myre, Hana St. Juliana and Justin Shilling, he wounded seven others, and he terrorized an entire community. The shooter had his day in court. A judge weighed the severity of his crimes and rendered a fair sentence, ” McDonald wrote in a statement.
The tragedy was completely avoidable, she added.
“As Judge Kwame Rowe said at sentencing, the shooter had multiple opportunities to make different decisions. He did not. His parents too had multiple opportunities to prevent the shooting. They did not. As a society, we must start treating gun violence as the public health crisis that it is, ” McDonald said.
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