Elements of the Crime : Entrapment Defense
A recent Court of Appeals decision succinctly explained the defense of entrapment as follows: “Entrapment is a criminal defense, and the...
Court Rules Defendants Not Entrapped When They Were Already in Violation of the MMMA
People v. Carruthers In this medical marijuana action, the trial court’s erroneous ruling, which dismissed this case against defendants...
Elements of the Crime: Self Defense
Self defense is an affirmative defense to a criminal charge -- most often assault and battery or a varient thereof. A Defendant may...
Elements of the Crime: Reckless Driving
A criminal charge is made up of elements. When a defendant is charged with a crime, the prosecutor must prove each element beyond a...
Court Finds Police "Knock & Talk" Tactic Does Not Violate 4th Amendment
People v. Frederick The court held that the police officers’ use of the “knock-and-talk” procedure did not violate the defendants’ Fourth...
Elements of the Crime: Domestic Assault (aka Domestic Violence)
Below are the jury instructions for Domestic Assault, more commonly referred to as Domestic Violence. Jury instructions show the...
Elements of the Crime: Operating While Intoxicated (OWI)
Below are the jury instructions for Operating While Intoxicated, more commonly referred to as "drunk driving," "driving under the...
Man Waives Section 8 Medical Marijuana Defense by Pleading Guilty
The Michigan Medical Marihuana Act (MMMA) (MCL 333.26421 et seq.); Whether the defendant waived his ability to argue immunity under MMMA...
Husband and Daughter Identify Mom as Bank Robber
The court held that the testimony of the defendant’s soon-to-be ex-husband (D) and her daughter (V) identifying the defendant on the...
Court Rules that Nurse at Jail Properly Administered Blood Alcohol Test for OWI
The court rejected the defendant’s attempt to suppress the results of his blood-alcohol test in his trial for OWVI, third offense, and...
