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Posted: Aug 12, 2020, 10:45 AM
Twenty-year-old Ledura Watkins was wrongfully convicted of murder in 1976. A Detroit jury found him guilty based on a single piece of evidence: a strand of hair allegedly found on the victim’s pants. In 2017 – more than 40 years later – a 61-year-old Watkins walked out of the Wayne County Jail a free man.
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Posted: Feb 26, 2020, 10:50 AM
A defendant convicted of criminal sexual conduct was entitled to a new trial because an unredacted recording of the defendant’s police interrogation was improperly admitted into evidence, the Michigan Supreme Court ruled in People v Tomasik.
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Posted: Jun 12, 2019, 11:20 AM
A criminal defendant can decline probation and be sentenced to incarceration instead, the Michigan Court of Appeals has ruled in People v Bensch, reaffirming four decades of case precedent.
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Posted: Jun 5, 2019, 9:40 AM
In People v Brinkey (Docket No. 342419), the Court of Appeals explained it is “axiomatic” that there be an “actual agreement on the essential features of the plea” for a plea agreement to be valid.
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Posted: Dec 26, 2018, 2:15 PM
A criminal defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error does not, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim related to that same error, according to the Michigan Supreme Court.
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Posted: Dec 13, 2018, 9:25 AM
A plea agreement reached by a former Michigan senator was contrary to public policy because it prohibited the senator from seeking public office during his five-year probationary period, according to the Michigan Supreme Court.
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Posted: Nov 7, 2018, 10:35 AM
A former Michigan lawmaker charged with perjury is not entitled to legislative immunity or evidentiary privilege under the Michigan Constitution, the Michigan Court of Appeals has ruled. In People v Courser (Docket No. 341817), former state Representative Todd Courser was charged with perjury. The charges stemmed from testimony Courser gave to a House Select Committee that was examining allegations that he had committed misconduct in office.
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Posted: Oct 17, 2018, 2:20 PM
The Michigan Supreme Court recently adopted the constitutional standard for reviewing an indigent defendant’s request for state funds to hire an expert witness, tossing out the decades-old practice of reviewing such requests under state law – specifically, MCL 775.15.
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Posted: Jul 13, 2018, 1:00 PM
A trial court judge did not have to disqualify himself from the defendant’s criminal case even though the judge had publicly endorsed the prosecutor in a Circuit Court election campaign, the Michigan Court of Appeals has decided.
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Posted: Apr 3, 2014, 4:55 PM
On February 6, 2014, the Michigan Court of Appeals issued People v Lubkin (Case No. 310359), an unpublished decision vacating a trial court’s conviction of Attorney Lubkin for criminal contempt.
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Posted: Oct 3, 2013, 4:45 PM
The case of People v Prentice (Docket 303602) provides some relevancy to MYSPACE.
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Posted: May 23, 2013, 8:55 AM
The issue of operating a vehicle while internally possessing marijuana pursuant to the Michigan Medical Marijuana Act (“MMMA”) was tackled this week by the Michigan Supreme Court in its review of People v. Koon.
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Posted: Apr 30, 2013, 9:00 AM
In a recent Court of Appeals decision, the answer was a resounding "no."
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Posted: Feb 14, 2013, 11:05 PM
A win for gun advocates and privacy advocates alike was recently decided when the Michigan Court of Appeals addressed an issue of first impression: does the Second Amendment bar the prosecution of an individual for possessing or using a firearm while intoxicated under MCL 750.237, where the individual is in their own home?
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Posted: Jan 29, 2013, 9:00 AM
In a recent opinion, the Michigan Supreme Court in People v Trakhtenberg, __ Mich __; __ NW2d __ (2012)(Docket No 143386) addressed a very narrow issue (among many larger issues) - the use of collateral estoppel by the prosecution to prevent a criminal defendant from challenging his trial counsel’s effectiveness.
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Posted: Oct 23, 2012, 9:45 AM
When I attended oral argument the other day in People v Trakhtenberg (SCt Docket 143386), it was interesting to listen to the court's questions.
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