

Miranda Violation does not Warrant Suppression of Physical Evidence
From People v McGinnis, Docket No. 320629: [Defendant] argues that the trial court erred in denying his motion to suppress the cash register drawer seized from his vehicle. “We review for clear error a trial court’s findings of fact at a suppression hearing, but we review de novo its ultimate decision on a motion to suppress.”4 “A ruling is clearly erroneous if the reviewing court is left with a definite and firm conviction that the trial court made a mistake.”5 The trial cou


Appeals Court Remands Case for Resentencing Under Lockridge Standard
The Defendant raised several sentencing issues. The Court stated: While we conclude that the trial court properly assessed Fleming’s offense variables, because Fleming’s sentence involved a judicial factfinding, we vacate his sentence and remand for resentencing under Lockridge, ___ Mich at ___. Fleming contends that his sentence must be vacated in light of Alleyne v United States, 570 US ___; 133 S Ct 2151; 186 L Ed 2d 314 (2013), because it involved judicial factfinding. In