We’ll have an answer soon as to whether convicted murderer Robert Schwander plans to appeal his sentence. So far, I don’t see any sign that he has formally filed an appeal.
His most recent sentencing was on February 28. From there he has 42 days to file an appeal if he’s going to. (MCR 7.204) 42 days from February 28 is April 11.
I’ve lost count of how many sentencing hearings we’ve had. Two under Power and one each under Elsenheimer and Rodgers? All with substantially the same result which is a murder I sentence for a murder II conviction.
Despite Noelle Moeggenberg and her prosecutor’s office trying to paint the problem as Schwander filing repeated appeals, the issue is that Schwander needs to file the appeals at all. Schwander was convicted of murder II, and the prosecutor’s office, and the 13th Circuit Court, insist on sentencing him for a crime he was not convicted of (murder I). It is they who are prolonging the family’s and the community’s suffering by placing themselves above the law.
I predict that Schwander will appeal, that the appeal will be successful, and that the next sentencing will be remanded to a new circuit. Judges Power, Rodgers and Elsenheimer are making some other circuit judge do their job in order to shield themselves from political scrutiny.