August - 2017

Berrien County Teen Properly Tried as Adult

Berrien County Teen Properly Tried as Adult

Case: In re Bell Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Whether the evidence established that respondent-juvenile’s interest & the public interest were served by the trial court’s family division’s waiver of jurisdiction; In re Fultz; People v. Babcock; People v. Conat; MCL 712A.4(1); People v. Thenghkam; People v. Williams; People v. Whitfield (After Remand); MCL 712A.4(4); Factors (a)-(f) Summary: The court held that under the circumstances, the tr

Court says Valid Prescription not a Defense to Delivery Charge

Court says Valid Prescription not a Defense to Delivery Charge

Case: People v. Robar Court: Michigan Court of Appeals ( Published Opinion ) Judges: Gadola, Talbot, and Gleicher Issues: Possession with intent to deliver a controlled substance under MCL 333.7401 of the Controlled Substances Act (CSA) (MCL 333.7101 et seq.); Article 7 of the Public Health Code (MCL 333.1101 et seq.); People v. Crawford; Right to a properly instructed jury; People v. Dobek; Jury instructions; People v. Bush; Model jury instructions; MCR 2.512(D)(1) & (2); Mo

Michigan Supreme Court Overturns OWI Ruling

Michigan Supreme Court Overturns OWI Ruling

Case: People v. Rea Court: Michigan Supreme Court ( Opinion ) Judges: Bernstein, Markman, Zahra, and Wilder; Concurring in the result only – Larsen; Dissent – McCormack and Viviano Issues: The Michigan Vehicle Code (MCL 257.1 et seq.); Whether the defendant may be charged under MCL 257.625 for operating a motor vehicle in his private driveway while intoxicated; Statutory interpretation; People v. Hill; People v. Miller; People v. Feeley; Whether his driveway was “generally ac

Court Finds Duration of Traffic Stop Reasonable

Court Finds Duration of Traffic Stop Reasonable

Case: People v. Wilson Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Cavanagh, Meter, and M.J. Kelly Issues: Search & seizure; Whether defendant’s extended detention following a traffic stop violated her constitutional rights; People v. Barbarich; People v. Armendarez; People v. Williams; People v. Kazmierczak; Ineffective assistance of counsel; Failure to file a motion to suppress the evidence; People v. Ericksen Summary: The court held that b

Court Upholds Probable Cause for Search Warrant

Court Upholds Probable Cause for Search Warrant

Case: People v. Carter Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Markey, Ronayne Krause, and Boonstra Issues: Probable cause for a search warrant; People v. Ulman; Whether the search warrant affidavit omitted a material fact; People v. Stumpf; Presumption that the affidavit supporting a search warrant is valid; People v. Mullen; Deference given a magistrate’s probable cause determination; People v. Whitfield; Whether the trial court should

Court of Appeals Says Defendant Lacks Standing to Challenge Evidence

Court of Appeals Says Defendant Lacks Standing to Challenge Evidence

Case: People v. Dunson Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – K.F. Kelly and Murray; Concurring in part, Dissenting in part – Stephens Issues: Search & seizure; People v. Mahdi; People v. Frederick (On Remand); Plain error review; People v. Bosca; People v. Johnson; Standing; People v. Mamon; Abandoning an object; People v. Zahn; Whether the defendant was unlawfully seized before the abandonment occurred; People v. Shabaz; People v. Lewi

Michigan Shared Parenting Time Act Gaining Momentum

Michigan Shared Parenting Time Act Gaining Momentum

The proposed bill would put more attention on “parent’s rights” and get rid of the “best interests of the minor children” standards. In addition, the bill seeks to provide both parents with equal overnights of parenting time. See HB4691 below for the proposed changes to the Michigan Child Custody Act of 1970. https://www.legislature.mi.gov/documents/2017-2018/billintroduced/House/pdf/2017-HIB-4691.pdf

Court Rules "Narcotics Paraphernalia" Language Unconstitutionally Vague

Court Rules "Narcotics Paraphernalia" Language Unconstitutionally Vague

Case: Brang, Inc. v. Liquor Control Comm'n Court: Michigan Court of Appeals ( Published Opinion ) Issues: Rule prohibiting an establishment licensed by the Liquor Control Commission (LCC) from allowing “narcotics paraphernalia” on the premises; MI Admin. Code, R 436.1011(6)(e); Construction of administrative rules; City of Coldwater v. Consumers Energy Co.; MCL 8.3 & 8.3a; Deference to the agency’s construction; City of Romulus v. Department of Envtl. Quality; The Administra

Court Holds Passenger Cannot Challenge Consent Search of Vehicle

Court Holds Passenger Cannot Challenge Consent Search of Vehicle

Case: People v. Mead Court: Michigan Court of Appeals ( Published Opinion ) Judges: O’Connell, Talbot, and K.F. Kelly Issues: Whether a passenger had standing to challenge the search of a backpack in a vehicle where the driver gave the officer consent to search the vehicle; People v. LaBelle; Whether the officer reasonably believed the driver had common authority over the backpack in order for her consent to justify the search; Illinois v. Rodriguez; United States v. Matlock;

Court Finds Illegal Seizure in Berrien County

Court Finds Illegal Seizure in Berrien County

Case: People v. Kavanaugh Court: Michigan Court of Appeals ( Published Opinion ) Issues: Search & seizure; Principle that the stop of an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred; Whren v. United States; “Seizure” defined; United States v. Mendenhall; Principle that a dog sniff is not fairly characterized as part of the officer’s traffic mission; Rodriguez v. United States; Whether the traffic stop revealed

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