The Michigan Supreme Court has opted not to reconsider the decision of the state’s Court of Appeals in the case of a Midland man convicted of second-degree murder in 2005.
James Scott Altman, 47, was convicted in the October 2004 death of Christina Joy Fisher. He was sentenced to between 18 and 60 years in prison.
Two attorneys representing Altman, Richard Priehs of Midland and Robert Dunn of Bay City, asked the Court of Appeals to take another look at the case after Midland County Circuit Court Judge Jonathan E. Lauderbach decided not to overturn the jury conviction and grant a new trial. The Court of Appeals denied permission to file the appeal on Sept. 20.
Dunn and Priehs then asked the Supreme Court to look at that decision. The Supreme Court’s March 26 order denying permission to file an appeal states the defendant did not meet the burden of establishing entitlement to relief, which is identical to the Court of Appeal’s September order.
Dunn and Priehs contended errors in the trial included a map of the Hicks Road area, spin marks in the driveway of Fisher’s home, a transcript of an interview of Altman conducted by officials and evidence regarding Fisher’s injuries, all of which misled the jury.
Lauderbach found Priehs and Dunn did not establish good cause to overturn the jury verdict, nor did they show the points raised would have resulted in a different outcome at trial. He also pointed out numerous issues had already been raised to the Michigan Court of Appeals, which upheld Altman’s conviction in 2007.