Note: This is one in a series of articles about the Washtenaw County Trial Court and cases where a litigant or litigants appealed a County Trial Court judge’s ruling. The majority of local Trial Court rulings are upheld by the Michigan Court of Appeals, but in some instances local judges are found to have ruled erroneously, that they showed bias, abused their discretion, and misruled in egregious ways. While the Michigan Court of Appeals’ (COA) opinions (published and unpublished) are public, those opinions, while delivered to the presiding judge, have to be sought out on the COA’s website using the Michigan Court of Appeals case search.

by P.D. Lesko

In Dec. 2020, Derrick Smith’s ex-wife testified that Smith had attacked her, hitting her with a ladle and ultimately stabbing her more than 20 times. Their 16-year-old son attempted to protect the victim, and the victim and son were able to get upstairs and call 911. Smith fled, but officers found him and a bloody knife. Derrick Smith was charged, as a fourth-offense habitual offender, with assault with intent to murder (AWIM), assault with intent to do great bodily harm less than murder (AWIGBH), and felonious assault.

It took two years for Derrick Smith’s case to work its way through the Washtenaw County Trial Court. Smith was offered a sentencing (plea) agreement by the Washtenaw County Prosecutor Eli Savit.

If Smith agreed to plead no contest to assault with intent to murder (AWIM) and felonious assault, the Prosecutor would dismiss the AWIGBH charge and Smith’s habitual-offense status. That deal would have shaved over a decade off Smith’s minimum and maximum prison sentence (22-37.5 years down to 11.5-25 years).

Trial Court Chief Judge Patrick J. Conlin, Jr. told Smith prior to his sentencing that the Judge would support the sentencing agreement on the condition that Smith do nothing “wrong.”

The Court of Appeals opinion states: “The trial court asked defendant if he understood [the terms associated with the plea agreement to which Smith had agreed], and defendant responded, ‘Uh, that’s scary but yeah. I mean, ‘cause—oh. I—I thought it was once—I thought it seals the deal.’ The trial court told defendant that if he did not ‘do anything wrong between now and the date of your sentencing,’ and his presentence investigation report (PSIR) was not ‘shocking,’ then the trial court would follow the agreement.”

The judge was reversed, in part, because he had been imprecise in his language. The judge did not specify which actions would constitute doing something “wrong.”

However, because Derrick Smith was “disruptive” and “disrespectful” during subsequent hearings, including walking out of the County Jail’s Zoom room during sentencing (Smith subsequently returned and attended the entire sentencing hearing two weeks later), Washtenaw County Trial Court Chief Judge Patrick J. Conlin, Jr. refused to allow Smith to withdraw his plea. The Judge also pulled his support of the plea agreement.

Washtenaw County Court records show that on Nov. 4, 2022 Derrick Smith pled no contest to assault with intent to murder and assault with a dangerous weapon.

After accepting the plea, but before sentencing, Derrick Smith’s attorney filed a Motion to request that Smith’s plea agreement be withdrawn (including his pleas of no contest). Derrick Smith had dismissed his previous attorney and asked the Court for what is called a Ginther hearing.

A Ginther hearing is an evidentiary hearing granted when a defendant claims they received ineffective legal representation, which is precisely what Derrick Smith was claiming.

In May 2023, during his sentencing hearing, Smith, appearing from the County Jail, said to Judge Conlin, “I already know you’re gonna deny that [Ginther hearing]. So, you can just get past that if you want to ‘cause you—you biased. So, go ahead and deny that. Get to what you got. Go ahead. Go on.”

During sentencing, Smith also accused the judge and prosecutor of “corruption,” and asserted that “God would judge them.”

The Court of Appeals Opinion states: “At one point, the trial court explained that defendant’s AWIM conviction carried a maximum penalty of life in prison were the prosecutor to withdraw the sentencing agreement. Defendant stated, ‘Why would I take a plea like that if I understood it? A plea to life? I can go to trial and I could of just went to trial? That—that doesn’t even make sense.'”

Judge Conlin denied Smith’s request for a Ginther hearing, and in May of 2023, Judge Conlin sentenced Derrick Smith on two charges: assault with intent to murder and assault with a dangerous weapon, to which Smith had pled no contest only under the auspices of the plea agreement. On May 17, 2023, Derrick Smith was sentenced to 22-37.5 years in prison for assault with intent to murder.

In a Nov. 2024 unpublished opinion, the Michigan Court of Appeals found that in 2022 Washtenaw County Trial Court judge Patrick J. Conlin, Jr. improperly denied Derrick Smith the opportunity to withdraw his plea, improperly found Smith guilty of a series of felony charges and improperly sentenced Smith, after refusing to accept the man’s plea agreement due to Smith’s “disruptive behavior” and poor “impulse control” throughout the hearings and during sentencing.

According to the Court of Appeals ruling, the judge’s withdrawal of his support of Smith’s plea agreement was not based on any ruling of contempt against Smith (which would have permitted Judge Conlin to withdraw his support of Derrick Smith’s plea agreement). This was a critical legal error. According to the Court of Appeals opinion:

“Had the trial court explicitly held defendant in contempt of court, the outcome on appeal
might differ. Contempt of court includes a ‘willful act, omission, or statement that tends to impair
the authority or impede the functioning of a court.’ People v Mysliwiec, 315 Mich App 414, 416;
890 NW2d 691 (2016) (cleaned up). The prosecutor asked the trial court at the first sentencing
hearing if it was withdrawing the sentencing agreement because defendant had ‘been contemptful
to the Court.’ The trial court agreed, but, at the subsequent hearing, the trial court stated that it
was not sure if it had held defendant in contempt, and, if it had, it was ‘going to cancel that.’
Accordingly, the record does not establish that defendant’s conduct rose to a level compelling a
contempt finding.”

Judge Conlin withdrew his support of the plea agreement and refused Smith a Ginther hearing, because Derrick Smith had been “disrespectful.” This was a second critical legal error.

“Disrespect” is not the type of misconduct outlined in Michigan Court Rules that allows a judge to withdraw support for a sentencing agreement or to refuse a defendant the right to withdraw a plea. The Michigan Court of Appeals opinion states:

“The record does not make clear that a reasonable person in defendant’s place would have
understood that admittedly disrespectful behavior during the hearings would constitute sufficient
misconduct for purposes of forfeiting his sentencing agreement, particularly in context of
defendant’s statements expressing confusion about the trial court’s ability to sentence him to life
in prison. Although MCR 6.310(B)(3) specifies that ‘misconduct’ is not limited to the list of
examples it includes, defendant’s actions did not constitute the type of misconduct that justifies
the forfeiture of the right to withdraw a plea.”

On Nov. 18 2024, the Michigan Court of Appeals reversed Judge Conlin’s May 2023 sentence.

“We vacate defendant’s convictions and sentences and remand this case to the trial court with instructions to give defendant the opportunity to withdraw his plea.”

On Nov. 18, 2024 a copy of the Court of Appeals Order was transmitted to Judge Conlin. On Feb 5, 2025 Derrick Smith, in prison, had a new Pre-Trial Hearing. Smith’s next Pre-Trial Hearing is scheduled for Mar. 12, 2025, with Judge Patrick J. Conlin, Jr. presiding.