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In The News

Friday, April 21, 2017

Dead Man Acquitted - A Fascinating By-product of the Aaron Hernandez Suicide

By Michael Nichols
Categories: Drug Crimes

It is a Latin phrase that the commonwealth of Massachusetts still takes seriously. The murder conviction of Aaron Hernandez may be dismissed because he committed suicide and the appeal of his conviction was pending. A law recognized in Massachussettes, known as "abatement ab initio" meaning "from the beginning," causes a litigant's death pending the appeal of his conviction to lead to a posthumous dismissal of the conviction.

Hernandez committed suicide after he was acquitted on other murder charges in late April, 2017. However, he was already serving a life sentence for his conviction in the murder of a semi-professional football player. Hernandez was a rising superstar in the NFL but a young man from a hard-scrabble life marked by troubles with the law throughout his teenage years and early 20's. He was given a scholarship to the University of Florida and then realized his dreams when he was drafted by the New England Patriots, starring for the NFL champions until his arrest on murder charges.

Mr. Calkins practices criminal and DUI defense, family law and other selected litigation. He is a graduate of the Western Michigan University Thomas M. Cooley Law School and has been a member of the Nichols Law Firm since May, 2015.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.