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Federal Court Rules that Defendant was not Denied Due Process

Federal Court Rules that Defendant was not Denied Due Process

Case: United States v. Folad Court: U.S. Court of Appeals Sixth Circuit ( Published Opinion ) Judges: Sutton, Gilman, and Stranch Issues: Whether the government violated defendants’ due process rights through the destruction of potentially exculpatory evidence; Action by private entities; Flagg Bros. Inc. v. Brooks; United States v. Lambert; United States v. Garlock (8th Cir.); The destruction of evidence by the government; Arizona v. Youngblood; Brady v. Maryland; California

Prosecutor Did Not Deny Defendant Fair Trial

Prosecutor Did Not Deny Defendant Fair Trial

Case: People v. Vlaz-St. Andre Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Prosecutorial error; Whether the prosecutor’s rebuttal argument suggested that defense counsel was intentionally trying to mislead the jury; People v. Bennett; People v. Watson; People v. Fyda; People v. Dobek; Curative instruction; People v. Unger; People v. Ericksen; Right to counsel; Whether the trial court was deficient in failing to engage in further inquiry as to the reasons

Court Order Did Not Change Parenting Time

Court Order Did Not Change Parenting Time

Case: Ludwig v. Ludwig Court: Michigan Court of Appeals ( Published Opinion ) Judges: Per Curiam – Jansen, Cavanagh, and Cameron Issues: Custody; Vodvarka v. Grasmeyer; Dailey v. Kloenhamer; Fletcher v. Fletcher; Maier v. Maier; Order to begin family therapy & reunification between defendant & the parties’ two children; Whether the order modified a parenting time order; MCL 722.27a(1); Rozek v. Rozek; Shade v. Wright; The Child Custody Act; Blaskowski v. Blaskowski; MCL 722.2

Court Rejects Defendant's MMMA Arguments

Court Rejects Defendant's MMMA Arguments

Case: People v. Slack (Unpublished Opinion) Issues: Failure to assert a defense under the Michigan Medical Marihuana Act (MMMA) (MCL 333.26421 et seq.); Immunity under MMMA § 4; MCL 333.26424(a) & (b); People v. Hartwick; Failure to raise a futile argument; People v. Ericksen; Affirmative defense under MMMA § 8; MCL 333.26428;People v. Bylsma; Prosecutorial error; People v. Dobek; People v. Callon; People v. Thomas Summary: Holding that Defendant’s arguments for immunity or a

Defendant Not Entitled to Refund of Restitution

Defendant Not Entitled to Refund of Restitution

Case: People v. Al-Shara Michigan Court of Appeals ( Unpublished Opinion ) Issues: Restitution; People v. Cross; The statutory right to restitution in the Crime Victim’s Rights Act (CVRA) (MCL 780.751 et seq.) & the general restitution statute (MCL 769.1a); MCL 780.766(2) & (11); MCL 769.1a(2) & (11); People v. Turn; Whether defendant was entitled to reimbursement of the restitution he paid; MCL 600.1475; People v. Diermier; Nelson v. Colorado Summary: The court held that the

Defendant's Silence Not Constitutionally Protected

Defendant's Silence Not Constitutionally Protected

Case: People v. Alexander Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Jansen, Cavanagh, and Gadola Issues: Whether defendant was denied a fair trial when the prosecution introduced evidence that she refused to be interviewed by an agent from the Michigan Inspector General’s Office without an attorney present; People v. Shafier; U.S. Const. amend. V; Const. 1963, art. 1, § 17; Miranda v. Arizona; People v. McReavy; People v. Solmonson; Ineffec

Court Denies Entrapment Defense in Marijuana Case

Court Denies Entrapment Defense in Marijuana Case

Case: People v. Amsdill, Michigan Court of Appeals ( Unpublished Opinion ) Issues: Dismissal of charges stemming from patient-to-patient marijuana sales; Michigan v. McQueen (McQueen I & II); People v. Johnson; Entrapment by estoppel; People v. Woods; People v. Pierce; Credibility assessments; People v. Martin; The Michigan Medical Marihuana Act (MMMA) Summary: Holding that the trial court clearly erred in ruling that defendant established all the elements of his entrapment b

Father Entitled to Hearing on Custody

Father Entitled to Hearing on Custody

Case: Sims v. Verbrugge Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Child custody; The Acknowledgment of Parentage Act (MCL 722.1001 et seq.); MCL 722.1003(1); MCL 722.1004; Effect of acknowledgment of parentage (AOP); MCL 722.1006; Eldred v. Ziny; Foster v. Wolkowitz; The Child Custody Act (MCL 722.21 et seq.); MCL 722.27(1); Proper cause or a change of circumstances; Vodvarka v. Grasmeyer; Effect of a child being illegitimate; MCL 722.1 & MCL 722.2; Sin

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