Michigan Supreme Court Finds that Defendant May Present Affirmative Defense of Self Defense for CCW
Whether the common-law affirmative defense of self-defense is available to a defendant charged with carrying a concealed weapon (CCW); MCL 750.227(1); People v. Townsel; “Other dangerous weapon”; People v. Goolsby; People v. Vaines; "Self-defense"; People v. Dupree; “Momentary innocent possession”; People v. Hernandez-Garcia; Prejudice; People v. Carines Summary:Holding that “the common-law affirmative defense of self-defense is available to a defendant charged with CCW for c
Trial Court Cannot Order Secretary of State to Expunge Driving Record
Case: People v. McCann Court: Michigan Court of Appeals ( Published Opinion ) Judges: Per Curiam – Servitto, Gadola, and O’Brien Issues:Whether the dismissal of charges following delayed sentencing constitutes an “expunction” for purposes of MCL 257.732(22); Statutory interpretation; People v. Droog; Spectrum Health Hosps. v. Farm Bureau Mut. Ins. Co. of MI; Matheson v. Secretary of State (SOS); Interplay between certain provisions of the Michigan Vehicle Code (MVC) (MCL 257.
Court of Appeals Overturns Resisting & Obstructing Conviction
Case: People v. Sear Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues:Whether the defendant was entitled to a new trial on the resisting or obstructing a police officer charge on the basis that the jury was not properly instructed on all the elements of the charge; People v. Kowalski; People v. Quinn; People v. Vandenberg;People v. Mills; Request to vacate the defendant’s conviction for resisting and obstructing rather than remanding for a new trial; Sufficienc
