Despite all of the safeguards built into the criminal justice system, innocent people sometimes get convicted and punished for crimes they did not commit. The police and the prosecutor might act on defective evidence, the defense attorney might do a substandard job,...
Month: July 2019
Are You Eligible For The Retirement Savings Contributions Credit?
by Kershaw, Vititoe & Jedinak, PLC | Jul 26, 2019 | Federal Taxation
Everyone seems to be living on a very tight budget these days, so it is not surprising that planning for retirement does not seem to make anyone's priority list. However, the tragedy is that most people don't realize just how important this is until it is too late....
Who May Be Appointed The Guardian Of A Legally Incapacitated Individual In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 25, 2019 | Guardianships And Conservatorships
When a petitioner makes an application to the probate court requesting that a legal guardian be appointed to an adult, there are two important questions that must be answered. The first question is whether the appointment of a guardian is necessary. The judge (or...
“Kelsey’s Law” In Michigan: Cell Phone Ban For Inexperienced Drivers
by Kershaw, Vititoe & Jedinak, PLC | Jul 24, 2019 | Traffic Offenses
On March 28th, 2013, Kelsey's Law (Public Act 592 of 2012) went in effect throughout Michigan to prohibit certain young and inexperienced drivers from using a cellphone during the operation of a motor vehicle. This new statute was named in honor of seventeen-year old...
What Are The Penalties For Animal Cruelty In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 23, 2019 | Animal Law
On March 21, 2019, tougher criminal penalties regarding animal cruelty became effective in the State of Michigan. As a result, any person who unlawfully causes an animal to be killed, tortured and disfigured may be subjected to a felony conviction that can result in...
What Is The Unauthorized Practice Of Law In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 22, 2019 | Civil Procedure
When it comes to offering legal advice or representing clients in court, licensed attorneys have the monopoly on the practice of law. Litigants are free to draft their own legal documents, file their own pleadings, prosecute or defend their own cases in court....
Michigan Supreme Court Holds Expert Witnesses May Not Vouch For Complainant’s Truthfulness In Sexual Assault Cases
by Kershaw, Vititoe & Jedinak, PLC | Jul 19, 2019 | Sex Offenses
On July 11th, 2019, the Michigan Supreme Court released its unanimous opinion in People v Thorpe and People v Harbison, ___ Mich ___ (2019)(Docket No. 156777 & 157404) holding that expert witnesses are not permitted for vouch for the truthfulness of a...
Michigan Supreme Court Holds Imposition Of Court Costs Against Defendant Is Not Unconstitutional Tax
by Kershaw, Vititoe & Jedinak, PLC | Jul 18, 2019 | Criminal Procedure
On July 10th, 2019, the Michigan Supreme Court denied an application for leave to appeal a decision of the Michigan Court of Appeals (People v Cameron, __ Mich App __;__ NW2d __ (2017)(Docket No. 330876)) that held the imposition of court costs against a defendant at...
Michigan Supreme Court Rules Candidate Not Barred From Seeking Elective Office Despite Felony Conviction During Tribal Public Service
by Kershaw, Vititoe & Jedinak, PLC | Jul 17, 2019 | Election Law
On July 8th, 2019, the Michigan Supreme Court released its opinion in Paquin v City of St Ignace, ___ Mich ___ (2019)(Docket No. 156823) holding that a political candidate is not barred from seeking elective office in Michigan by the state constitution even if that...
U.S. Court Of Appeals Rules President Trump Cannot Block Social Media Users From His Twitter Account
by Kershaw, Vititoe & Jedinak, PLC | Jul 16, 2019 | First Amendment
On July 9th, 2019, the U.S. Court of Appeals for the Second Circuit released its opinion in Knight First Amendment Institute, et al. v. Donald J. Trump, et. al., Slip Opinion No. 18-1691, holding that President Trump engaged in "unconstitutional viewpoint...
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