LANSING, MI – A Flint man accused in a fatal shooting outside a Sunoco gas station in Flint is appealing a ruling by a Genesee County judge to the Michigan Court of Appeals.
Scott Bigger, the defense attorney for Marquon Leon Jackson, has filed an interlocutory appeal in the Michigan Court of Appeals petitioning for a review of Circuit Court Judge Brian S. Pickell’s decision to deny a motion to dismiss the case against Jackson and argue that certain evidence should have been deemed admissible.
The appeal was filed on Feb. 21, about a month after Pickell granted a mistrial in Jackson’s case.
On Monday, Feb. 27, Pickell was granted a stay of proceedings, meaning the trial that was originally slated to pick up for the second time on Wednesday, March 1, will be delayed.
“At the heart of the mistrial decision and the later decision on double jeopardy is the admissibility of evidence under MRE 404(a)(2) and MRE 403,” Bigger wrote in a motion asking Pickell to order a stay of proceedings while the Michigan Court of Appeals considers the case. “A decision on admissibility needs to be reviewed before any subsequent trials.”
Related: Man to stand trial in fatal shooting outside Flint gas station – again
Jackson is charged with the death of Khogaly Mozzaffar. If convicted, Jackson could face up to life in prison without the possibility of parole, as open murder contains both first- and second-degree murders – as well as manslaughter.
Attorneys for Jackson have argued Jackson was acting in self-defense in the shooting of Mozzaffar, whom they said was aggressive and reached into his vehicle like he was going for a weapon.
No firearm was found in Mozzaffar’s vehicle.
Read more: Trial in fatal shooting outside Flint gas station ends in mistrial