The State of Michigan Court of Appeals has upheld the conviction of an Upper Michigan man convicted in the murder of an 81-year-old woman.
The court upheld the conviction of 42-year-old David Levack on charges of first degree murder, first degree home invasion and witness intimidation.
According to the appeals court, Levack had filed an appeal making the following assertions:
1. The prosecutor did not present sufficient evidence to sustain his convictions2. The trial court erred when it did not grant a mistrial because of jury misconduct3. The prosecutor violated his right to a fair trial by making reference to polygraph examinations4. The prosecutor forced him to comment on the credibility of another witness5. The trial court erred when it permitted the prosecution to introduce an exhibit on cell-phone towers6. The prosecutor committed misconduct
The appeals court decision, found here, discusses that each issue with the trial was insufficient to overturn the ruling.
Levack was sentenced to life in prison last year for the murder of Joyce Margaret Johnson of Stambaugh Township. Johnson was set to testify against Levack in a larceny trial the day she was discovered dead in her home.