Police Conduct Illegal Interrogation
People v. Kahn Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Hoekstra, Meter, and M.J. Kelly Issues: Search & seizure; The “knock-and-talk” doctrine; People v. Bolduc Summary: Holding that the trial court erred by not granting the defendant’s motion to suppress statements he made to police, the court reversed the ruling, vacated his conviction, and remanded. Detectives C and R went to a home owned by S, where defendant was renting part of the g
SCOTUS Rules Certain Evidence Admissible After Illegal Detention
UTAH v. STRIEFF CERTIORARI TO THE SUPREME COURT OF UTAH No. 14–1373. Argued February 22, 2016—Decided June 20, 2016 Narcotics detective Douglas Fackrell conducted surveillance on a South Salt Lake City residence based on an anonymous tip about drug activity. The number of people he observed making brief visits to the house over the course of a week made him suspicious that the occupants were dealing drugs. After observing respondent Edward Strieff leave the residence, Officer
Court Mistakenly Found Probable Cause to Bindover
Case: People v. Waad Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Gadola, Servitto, and Shapiro Issues:Order quashing the information & bindover; People v. Szabo; Purpose of a preliminary exam; People v. Cohen; Probable cause; People v. Hudson; People v. Greene; False pretenses; MCL 750.218(11); People v. Bearss Summary:Concluding that the prosecution did not establish probable cause to support the first element of larceny of at least $1,000 b
SCOTUS Finds that Domestic Violence Conviction is a Misdemeanor Crime for Purposes of Limiting Acces
VOISINE ET AL. v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 14–10154. Argued February 29, 2016—Decided June 27, 2016 In an effort to “close [a] dangerous loophole” in the gun control laws, United States v. Castleman, 572 U. S. ___, ___, Congress extended the federal prohibition on firearms possession by convicted felons to persons convicted of a “misdemeanor crime of domestic violence,” 18 U. S. C. §922(g)(9). Section 921(a)(33)(
Husband Ordered to Pay Ex-Wife for Harley
Case: Rhodes v. Rhodes Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam - Murphy, Cavanagh, and Ronayne Krause Issues:Divorce; Division of the marital estate; Sparks v. Sparks; McDougal v. McDougal; Jones v. Jones; The method & computation by which the trial court divided a Harley Davidson motorcycle; Harboring error as an appellate parachute; Marshall Lasser, PC v. George; Attorney fees; MCR 3.206(C); Woodington v. Shokoohi; Myland v. Myland; Loutt
U.S. Court Affirms Probable Cause Finding
Case: United States v. Church Court: U.S. Court of Appeals Sixth Circuit ( Published Opinion ) Judges: Kethledge and Cleland; Concurring in the judgment – Griffin Issues: Probable cause in a search warrant affidavit; U.S. Const. amend. IV; Zurcher v. Stanford Daily; Warden, MD Penitentiary v. Hayden; Illinois v. Gates;United States v. Berry; United States v. Hodson; Staleness; Sgro v. United States; United States v. Spikes; United States v. Smith; United States v. Williams; U
Court Upholds Police Pat-Down Search
Case: People v. Moussa Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Riordan, Saad, and Markey Issues: Search & seizure; Arizona v. Gant; Pat-down search; An investigative stop;People v. Jenkins; Terry v. Ohio; Search conducted at the jail after the defendant was arrested; People v. Champion; People v. Chapman; Lawfulness of an arrest; People v. Nguyen; Sufficiency of the evidence to support defendant’s resisting & obstructing an officer convic
Defendant Convicted of Resisting & Obstructing Plain-Clothes Officers
Case: People v. Miller Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Riordan, Saad, and Markey Issues:Sufficiency of the evidence; People v. Kloosterman; People v. Wolfe; Resisting & obstructing a police officer; MCL 750.81d(1); “Knowledge”;People v. Nichols; Preservation of issues for appeal; People v. Unger (On Remand); Abandonment; People v. Kelly Summary: The court held that there was sufficient evidence to justify the jury’s finding beyond
Prosecutor Commits Clear Error in Closing Statement; Conviction Upheld.
Case: People v. Hanley Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam - Gleicher, Sawyer, and M.J. Kelly Issues: Prosecutorial error; Civic duty; People v. Bahoda; United States v. Monaghan(DC Cir.); Eliciting testimony from a witness who allegedly purchased pseudoephedrine for defendant’s operation; Ineffective assistance of counsel; Failure to object to the prosecutor’s alleged civic duty argument & to the cited testimony; United States v. Croni
