To date, most of what we have is from the article in question and I am not sure I have enough evidence to judge the writer or the article.
There is SOME TRUTH in the article:
1. There is a person named Kyle Nuyen.
2. He was convicted of a crime and is in OTIS as being in Prison.
3. There is an Appeal Record in the Michigan Court of Appeals for Kyle Nuyen.
4. The Appeal Record is filed by the same attorney as quoted in the article.
5. The Appeal is currently waiting on court ruling.
What the article mentions that is FALSE or MISSING:
1. He was not convicted of
Assault, but was convicted of
Weapons - Felony Firearms. It is close, but not completely accurate description and may be due to the Assault Felony he MAY have been changed with or accused of. Reference:
http://legislature.mi.gov/doc.aspx?mcl-750-227b.
2. He was convicted in a Jury Trial (simply missing).
3. His first appeal was denied (simply missing).
It would be interesting to get the court transcripts, to see if he was charged with Assault or other charges as well, but that the Jury found him innocent. I called the Circuit Court Clerks Office and the Court Transcripts are only available for in-person viewing at the Circuit Court House (court file: 090000001908-FH).
If I was his attorney, here is the legal challenge that I would file (hope it was done during the first trial):
A. That Force Other Than Deadly Force can include the Threat of Using Deadly Force (assault) and that this does not rise to the level of exception listed in MCL 780.951 (2) (c).
B. If Item A can be argued to be ruled as true/lawful, then Kyle Nuyen
MIGHT have acted lawfully under MCL 780.951 (1) (a) since Cecil Moore was in Kyle Nuyen's Dwelling as defined in MCL 780.951 (3) (c) (enclosed porch could be construed as part of the dwelling). Kyle Nuyen would then have to prove that he reasonably believed Cecil Moore was acting to cause imminent death of, sexual assault of, or great bodily harm to Kyle Nuyen or another individual.
http://legislature.mi.gov/doc.aspx?mcl-780-951
http://legislature.mi.gov/doc.aspx?mcl-780-972
A good article on this:
http://forums.michiganopencarry.org/index.php?topic=28.0