Mom Convicted Of Shaking Infant To Death Gets New Trial
The Michigan Supreme Court decided the trial court wrongly held that expert testimony on shaken baby syndrome (SBS) was inadmissible under the rules of evidence and, as a result, the defendant is entitled to a new trial.
Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees
The trial court in this criminal case failed to provide an “adequate explanation” for reducing the attorney fees for appointed counsel.
Ex-Wife Violated PPO, Properly Found Guilty Of Criminal Contempt
The trial court properly issued a PPO in this case and correctly held the respondent in contempt, finding that she violated the terms of the PPO.
Mandatory Life Sentences For Juvenile Defendants Are Unconstitutional
Sentencing juvenile defendants to life without parole for first-degree murder is “cruel or unusual punishment” in violation of the state Constitution, a divided Michigan Supreme Court has ruled.
Facebook ‘Tagging’ Violated PPO: Not Constitutionally Protected Speech
The trial court properly held the defendant in criminal contempt for violating a personal protection order (PPO) because he “tagged” the plaintiff in a Facebook post.
Defendant’s Properly Convicted Of Violating PPO, Constitutional Claims Tossed
There was sufficient evidence to uphold the defendant’s convictions for violating a personal protection order (PPO) that had been issued against him.
Statute Authorizing Imposition Of Court Costs Is Constitutional
The defendant didn’t demonstrate that MCL 769.1k(1)(b)(iii) is unconstitutional on due process or separation of powers grounds.
Jury Must Decide If Student’s Snapchat Post Is ‘True Threat’ Of Terrorism
A college student was properly charged with making a threat of terrorism after posting a photo on social media of his semi-automatic rifle with a bayonet attached.
Michigan’s Criminal Court Costs Statute Declared Constitutional
The statute that permits Michigan trial courts to impose court costs on convicted criminal defendants is not unconstitutional on its face, the Michigan Court of Appeals has ruled.
Michigan Man Spent 40 Years In Prison For Murder He Did Not Commit
Ledura Watkins was wrongfully convicted of murder in 1976. A Detroit jury found him guilty based on a single piece of evidence: a strand of hair allegedly found on the victim’s pants.
Police Interrogation Wrongly Admitted: Defendant Entitled To New Trial
A defendant convicted of criminal sexual conduct was entitled to a new trial because an unredacted recording of the defendant’s police interrogation was improperly admitted into evidence.
Driver Voluntarily Consented To Blood Draw: Evidence Wrongly Suppressed
A trial court improperly held that a driver’s consent to a blood draw was involuntary and, as a result, wrongly suppressed the blood-draw evidence at his drunk-driving hearing.
Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack
A police officer did not have the authority to search a backpack belonging to the passenger in a vehicle because the officer did not first obtain the passenger’s consent.
Court Of Appeals Reaffirms That Defendants May Reject Probation
The 2-1 published decision in Bensch upholds the rule first set forth in People v Peterson, 62 Mich App 258 (1975), allowing criminal defendants to reject probation for jail time.
Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied
The Court of Appeals explained it is “axiomatic” that there be an “actual agreement on the essential features of the plea” for a plea agreement to be valid.
Michigan Supreme Court to Decide Whether to Include Non-Mandatory Reporters of Child Abuse in Statutory Scheme of Criminal Penalties for Making a False Report
The COA held that the defendant was neither a mandatory reporter of child abuse nor did she make the report of child abuse herself, she was still criminally liable for the false report.