Prosecution Fails to Timely Notify Defendant of Habitual Offender Charge
People v Muhammad, COA No. 317054 Issues: The habitual offender notice; The prosecution’s failure to timely notify the defendant of its...
Court Upholds Police Traffic Stop
People v Simmons, COA No. 320216 (unpublished) Issues: Search & seizure; Motion to suppress evidence; Whether the police had a...
MI Supreme Court finds Defendant's Interrogation was Irrelevant; Grants Defendant New Trial.
People v. Tomasik, SC Docket No. 149372 On order of the Court, leave to appeal having been granted and the briefs and oral arguments of...
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: 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...
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...
Federal Court Reverses Conviction Based on Hearsay
United States v. Johnson The court reversed defendant-Johnson’s conviction for being a felon in possession of a rifle because it was...