Still Missing MI - Danielle Stislicki, 28, Southfield, 2 Dec 2016 *ARREST* #16
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Niner
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U.S. Supreme Court asked to review evidence suppression in Danielle Stislicki case
The evidence is from a polygraph examination leaked to police.
www.theoaklandpress.com
Aug. 28, 2024
The Michigan Attorney General’s Office is asking for a U.S. Supreme Court review of a judicial ruling to suppress certain evidence when Danielle Stislicki’s accused killer, Floyd Galloway, Jr. goes to trial.
Last year, the Michigan Court of Appeals affirmed a decision by Oakland County Circuit Judge Phyllis McMillen who said the evidence in question was obtained in a manner that violated Galloway’s attorney-client privilege and right to due process. The information was obtained from Galloway’s polygraph leaked to police.
The petition for the review — a “writ of certiorari” in legalese — was filed on Aug. 20. A response from the Supreme Court is due Sept. 23. For the review to happen, four of the Supreme Court’s nine justices must agree to it.
[.....]
Last week during a court hearing held via Zoom, McMillen denied a request from the prosecution to temporarily suspend proceedings in the Galloway case pending the Supreme Court’s decision. In support of her request, Danielle Hagaman-Clark of the AG’s Office said “justice delayed is justice denied” — but didn’t sway McMillen.
“Given the age of this case, it’s not appropriate to stay trial proceedings,” McMillen said.
"Proceed to prepare for trial," McMillen said. “There’s a lot of work to do to get trial ready…if the Supreme Court picks it up, it will be a different situation,” she said.
BetteDavisEyes
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AG asks U.S. Supreme Court to review evidentiary issue in Danielle Stislicki murder
Danielle Stislicki was reported missing in December 2016 and was last seen with Floyd Galloway, who is charged with her murder.
www.detroitnews.com
Nessel’s office filed the request last week, asking the nation's highest court to decide whether evidence collected in good faith that is probative to the case against Floyd Galloway for the first-degree murder of Danielle Stislicki should be excluded and if the ruling to hold prosecutors responsible for an outside officer not withholding prejudicial evidence clashes with case law that does not hold prosecutors responsible when outside officers do withhold exculpatory evidence in a case.
Stislicki was last seen Dec. 2, 2016, leaving her workplace with Galloway, who was a former security guard for the Southfield office building. Her parents reported her missing after they found her car, purse, ID and credit card in the parking lot the next day when she missed plans Dec. 2 and hadn’t been heard from. Charges were filed in March 2019...
BetteDavisEyes
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I can't find any recent media updates, but here is the most recent (August) court activity:Can anyone find an article about his hearing "last week" as the above article says? That way I can move him from March hearing to at least August. TIA if anyone finds a date!
| 08/28/2024 | MPS | MIFILE PROOF OF SERVICE FILED | Order Document |
| 08/21/2024 | M | MOTION TO STAY DENIED | |
| 08/19/2024 | MPS | MIFILE PROOF OF SERVICE FILED | Order Document |
| 08/16/2024 | NOH | NOTICE OF HEARING FILED / | Order Document |
| 08/16/2024 | MPS | MIFILE PROOF OF SERVICE FILED | Order Document |
| 08/16/2024 | WHC | ORDER WRIT HABEAS CORPUS FILED-WRIT ISSUED | Order Document |
| 08/14/2024 | ORD | ORDER FILED LIFTING STAY | Order Document |
| 08/14/2024 | OPN | OPINION FILED AMD/ORD RE DFT MTNS SUPP/QUASH/DISMISS | Order Document |
| 08/09/2024 | MPR | MOTION PRAECIPE FILED FOR 08212024 JUDGE 14 | |
| 08/09/2024 | MTN | MOTION FILED TO STAY OPN/ORD PEND SUP CT/NOH/PLF | Order Document |
| 08/09/2024 | MPS | MIFILE PROOF OF SERVICE FILED |
Niner
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BetteDavisEyes
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Michigan AG asks US Supreme Court to rule on tainted evidence in Danielle Stislicki murder trial
The Michigan Attorney General has asked the U.S. Supreme Court to rule on whether evidence should be included in an Oakland County murder trial.
Galloway took a lie detector test seven days after Stislicki vanished. The lie detector test was ordered by an attorney that Galloway had hired. James Hoppe, a former FBI agent administered the test.
Something Galloway said during the test disturbed Hoppe so much that he called his personal friend and then chief of police of the Troy police, Gary Mayer, and relayed what he learned during the test.
According to Nessel, Hoppe told Mayer that “he had information on the security guard and the homicide, and he said that he wanted to relay it, it was very important, but he couldn’t relay it unless [Mayer] could keep his identity confidential.”
Nebus filled out a Farmington Hills Police Department tip sheet, stating: “A caller said the security guard did it. He drove the victim’s car from his house in Berkley to her apt., then walked to Tim Horton’s at 10 and Halsted where he called Shamrock cab or something that sounds like Shamrock where he received a cab ride to within walking distance from his work where his car was parked. There should be evidence on or in the victim’s car. The subject threw the victim’s keys in a grassy area by the freeway while walking to Tim Hortons. The Fitbit should be near the keys. The victim’s cell phone was placed in the trash inside Tim Hortons. The victim’s body should be inside a beige and brown comforter. Upon further questioning, the caller had no further information and wished to remain anonymous.”...
Niner
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Monday, Sept. 23rd:
*Supreme Court Decision Due (@ am ET) - MI - Danielle “Dani” Stislicki (28) (last seen Dec. 2, 2016 leaving work around 5pm of parking lot of MetLife office on Telegraph Road, Southfield; her Jeep Renegade was found outside her apartment in the Independence Green complex in Farmington Hills; When Stislicki’s parents arrived, they found her vehicle in its normal spot-just eight feet from her door. Her purse, ID & credit cards were found inside her vehicle. Her phone, a Samsung Galaxy Core Prime with a rose-gold case & keys were missing. They contacted the police & initiated the first missing person report. Her belongings & her cat were still in her apartment. Police weren’t sure if she drove the Jeep to her apartment or if someone else did. Still not found) - *Floyd Russell Galloway, Jr. (29 @ time of crime/32/now 37) charged (9/11/19) & indicted (3/4/19) & arraigned (3/6/19) & re arraigned (9/19/19) with 1st degree premeditated murder. Plead not guilty. Bond denied-Held without bond. *Oakland County Circuit Court/Supreme Court appeal.
Galloway pleaded guilty of the rape of a woman (6/27/17) in 9/4/16 to assault with intent to cause great bodily harm, assault with intent to commit sexual penetration & kidnapping. He was sentenced on Dec. 8, 2017 & his earliest release date is June 26, 2033.
Trial was set to begin on 3/28/24 but was cancelled due to appeal. Appeal was denied [9/21/23]. Now Appeal to Supreme Court [7/10/24].
Case info & court hearings from 11/21/17 thru 1/4/24 reference post #108 here:
https://www.websleuths.com/forums/t...southfield-2-dec-2016-arrest-16.663981/page-6
3/28/24 Thursday, Trial Day 1: Trial-cancelled. 7/10/24 Docket update: Order filed by Supreme Court. [All appeals within the Michigan court system have been exhausted. The case will go to the US Supreme Court in the fall].
7/25/24 Update: Oakland County & state appeals courts ruled in favor of suppressing the evidence, but in the state appeals case, the decision was not unanimous. Two state appellate court judges, Viviano & Zahra, dissented, stating, “suppression will certainly impair the jury’s truth-finding ability.” In an email to the Local 4 investigative team sent Thursday, July 25, the state Attorney General’s office said, “We have exhausted our legal avenues to have our issue decided under Michigan law,” and “we turn now to the U.S. Supreme Court.” The state A.G. will file paperwork with the Supreme Court soon.
8/28/24 Update: The Michigan Attorney General’s Office is asking for a U.S. Supreme Court review of a judicial ruling to suppress certain evidence when Stislicki’s accused killer, Floyd Galloway, Jr. goes to trial. Last year, the Michigan Court of Appeals affirmed a decision by Oakland County Circuit Judge Phyllis McMillen who said the evidence in question was obtained in a manner that violated Galloway’s attorney-client privilege & right to due process. The information was obtained from Galloway’s polygraph leaked to police. The petition for the review — a “writ of certiorari” in legalese — was filed on 8/20/24. A response from the Supreme Court is due 9/23/24. For the review to happen, four of the Supreme Court’s nine justices must agree to it. Last week during a court hearing held via Zoom, McMillen denied a request from the prosecution to temporarily suspend proceedings in the Galloway case pending the Supreme Court’s decision. In support of her request, Danielle Hagaman-Clark of the AG’s Office said “justice delayed is justice denied” — but didn’t sway McMillen. “Given the age of this case, it’s not appropriate to stay trial proceedings,” McMillen said. "Proceed to prepare for trial," McMillen said. “There’s a lot of work to do to get trial ready…if the Supreme Court picks it up, it will be a different situation,” she said.
*Supreme Court Decision Due (@ am ET) - MI - Danielle “Dani” Stislicki (28) (last seen Dec. 2, 2016 leaving work around 5pm of parking lot of MetLife office on Telegraph Road, Southfield; her Jeep Renegade was found outside her apartment in the Independence Green complex in Farmington Hills; When Stislicki’s parents arrived, they found her vehicle in its normal spot-just eight feet from her door. Her purse, ID & credit cards were found inside her vehicle. Her phone, a Samsung Galaxy Core Prime with a rose-gold case & keys were missing. They contacted the police & initiated the first missing person report. Her belongings & her cat were still in her apartment. Police weren’t sure if she drove the Jeep to her apartment or if someone else did. Still not found) - *Floyd Russell Galloway, Jr. (29 @ time of crime/32/now 37) charged (9/11/19) & indicted (3/4/19) & arraigned (3/6/19) & re arraigned (9/19/19) with 1st degree premeditated murder. Plead not guilty. Bond denied-Held without bond. *Oakland County Circuit Court/Supreme Court appeal.
Galloway pleaded guilty of the rape of a woman (6/27/17) in 9/4/16 to assault with intent to cause great bodily harm, assault with intent to commit sexual penetration & kidnapping. He was sentenced on Dec. 8, 2017 & his earliest release date is June 26, 2033.
Trial was set to begin on 3/28/24 but was cancelled due to appeal. Appeal was denied [9/21/23]. Now Appeal to Supreme Court [7/10/24].
Case info & court hearings from 11/21/17 thru 1/4/24 reference post #108 here:
https://www.websleuths.com/forums/t...southfield-2-dec-2016-arrest-16.663981/page-6
3/28/24 Thursday, Trial Day 1: Trial-cancelled. 7/10/24 Docket update: Order filed by Supreme Court. [All appeals within the Michigan court system have been exhausted. The case will go to the US Supreme Court in the fall].
7/25/24 Update: Oakland County & state appeals courts ruled in favor of suppressing the evidence, but in the state appeals case, the decision was not unanimous. Two state appellate court judges, Viviano & Zahra, dissented, stating, “suppression will certainly impair the jury’s truth-finding ability.” In an email to the Local 4 investigative team sent Thursday, July 25, the state Attorney General’s office said, “We have exhausted our legal avenues to have our issue decided under Michigan law,” and “we turn now to the U.S. Supreme Court.” The state A.G. will file paperwork with the Supreme Court soon.
8/28/24 Update: The Michigan Attorney General’s Office is asking for a U.S. Supreme Court review of a judicial ruling to suppress certain evidence when Stislicki’s accused killer, Floyd Galloway, Jr. goes to trial. Last year, the Michigan Court of Appeals affirmed a decision by Oakland County Circuit Judge Phyllis McMillen who said the evidence in question was obtained in a manner that violated Galloway’s attorney-client privilege & right to due process. The information was obtained from Galloway’s polygraph leaked to police. The petition for the review — a “writ of certiorari” in legalese — was filed on 8/20/24. A response from the Supreme Court is due 9/23/24. For the review to happen, four of the Supreme Court’s nine justices must agree to it. Last week during a court hearing held via Zoom, McMillen denied a request from the prosecution to temporarily suspend proceedings in the Galloway case pending the Supreme Court’s decision. In support of her request, Danielle Hagaman-Clark of the AG’s Office said “justice delayed is justice denied” — but didn’t sway McMillen. “Given the age of this case, it’s not appropriate to stay trial proceedings,” McMillen said. "Proceed to prepare for trial," McMillen said. “There’s a lot of work to do to get trial ready…if the Supreme Court picks it up, it will be a different situation,” she said.
Niner
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Well - not finding anything on the Supreme Court decision - anyone else reading here - can you find something?
Here's the docket updates:
Date Code Desc
09/16/2024 NTC NOTICE FILED APPT COUNSEL Order Document
09/16/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
09/13/2024 NOH NOTICE OF HEARING FILED DOCKET CALL Order Document
09/11/2024 MPR MOTION PRAECIPE FILED FOR 09182024 JUDGE 14
09/11/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
09/11/2024 MTN MOTION FILED TO BE DECLARED INDIGENT/NOH//DFT Order Document
09/11/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
09/11/2024 ORD ORDER FILED GRANT MTN FOR INDIGENCY/MTN Order Document
09/06/2024 ORD ORDER FILED DENY MTN TO STAY Order Document
09/05/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
08/30/2024 TRN TRANSCRIPT FILED PPLS MTN STAY PROCEEDINGS 08/21/24 Order Document
link: Court Explorer
Here's the docket updates:
Date Code Desc
09/16/2024 NTC NOTICE FILED APPT COUNSEL Order Document
09/16/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
09/13/2024 NOH NOTICE OF HEARING FILED DOCKET CALL Order Document
09/11/2024 MPR MOTION PRAECIPE FILED FOR 09182024 JUDGE 14
09/11/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
09/11/2024 MTN MOTION FILED TO BE DECLARED INDIGENT/NOH//DFT Order Document
09/11/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
09/11/2024 ORD ORDER FILED GRANT MTN FOR INDIGENCY/MTN Order Document
09/06/2024 ORD ORDER FILED DENY MTN TO STAY Order Document
09/05/2024 MPS MIFILE PROOF OF SERVICE FILED Order Document
08/30/2024 TRN TRANSCRIPT FILED PPLS MTN STAY PROCEEDINGS 08/21/24 Order Document
link: Court Explorer
Niner
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I believe I had the wrong Appeal case # wrong - it should be this one - updated on Appeals site. He had 3 Appeals listed & 2 of them are closed - this is the only open one. Looks like no update from the Decision date.
Case Number COA #372374
Case Status
COA Open
9/6/24 App for Leave to Appeal-Criminal
Attorney SHIMKUS SCOTT ROBERT
#77546
Service Date 09/06/2024
Fee Code State Agency Fee
9/6/24 Order Appealed From
Trial Court OAKLAND CIRCUIT COURT
Case Number 2019-272265-FC
Trial Court Judge MCMILLEN PHYLLIS C
#28180
Nature Of Case Criminal Miscellaneous
Comments stay denied pending US Sup Ct review
9/6/24 TRanscript filed by Party
Attorney SHIMKUS SCOTT ROBERT
#77546
Document Date 09/06/2024
Reporter PECKHAM SABRINA M #8103
Hearing Dates 08/21/2024
9/16/24 LCI Order-Appoint AE Atty
Party
2. GALLOWAY FLOYD RUSSELL JR
Attorney KRAUSKOPF MELISSA
#68278
Service Date 09/14/2024
Comments Atty Krauskopf appointed for AE
link: https://www.courts.michigan.gov/c/courts/coa/case/372374
Case Number COA #372374
Case Status
COA Open
9/6/24 App for Leave to Appeal-Criminal
Attorney SHIMKUS SCOTT ROBERT
#77546
Service Date 09/06/2024
Fee Code State Agency Fee
9/6/24 Order Appealed From
Trial Court OAKLAND CIRCUIT COURT
Case Number 2019-272265-FC
Trial Court Judge MCMILLEN PHYLLIS C
#28180
Nature Of Case Criminal Miscellaneous
Comments stay denied pending US Sup Ct review
9/6/24 TRanscript filed by Party
Attorney SHIMKUS SCOTT ROBERT
#77546
Document Date 09/06/2024
Reporter PECKHAM SABRINA M #8103
Hearing Dates 08/21/2024
9/16/24 LCI Order-Appoint AE Atty
Party
2. GALLOWAY FLOYD RUSSELL JR
Attorney KRAUSKOPF MELISSA
#68278
Service Date 09/14/2024
Comments Atty Krauskopf appointed for AE
link: https://www.courts.michigan.gov/c/courts/coa/case/372374
Niner
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@BetteDavisEyes - any local papers have an update on the appeal hearing? I am finding zilch... TIA! 
BetteDavisEyes
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Here's the most recent report about the appeal being heard by SCOTUS:@BetteDavisEyes - any local papers have an update on the appeal hearing? I am finding zilch... TIA!
AG asks U.S. Supreme Court to review evidentiary issue in Danielle Stislicki murder
Danielle Stislicki was reported missing in December 2016 and was last seen with Floyd Galloway, who is charged with her murder.
www.detroitnews.com
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