On October 12, 2020, Gov. Gretchen Whitmer signed a package of seven bills into law that have been collective known as the “Clean Slate” legislation. The purpose of these new provisions is to expand the eligibility for people convicted of crimes to expunge...
Criminal Procedure
Michigan Court Of Appeals Rules Probationers Cannot Be Prohibited From Using Medical Marijuana
On February 11, 2021, the Michigan Court of Appeals ruled in People v Thue, __ Mich App __ ; __ NW2d __ (Docket No. 353978) that trial courts cannot deny probationers the use of medical marijuana while under supervision. In this case, the defendant was...
Can A Criminal Conviction Cause An Alien Resident To Be Deported?
A criminal conviction has a number of consequences, whether it is a misdemeanor or felony. The offender is subject to paying fines and costs, supervision on probation, or even incarceration in jail or prison. In addition, any alien present in the United...
How Does The COVID-19 Pandemic Affect The Right To Speedy Trial In Michigan?
The right to a speedy trial is guaranteed to the accused by both federal and state constitution in Michigan. US Const, Am VI; Const 1963, art 1, §20. “The people of this state and persons charged with crime are entitled to and shall have a speedy trial and...
What Is Michigan’s Habitual Offender Statute?
Most people are familiar with California’s “three strikes” law from the 1990s that targeted and punished repeat criminal offenders. The general idea was that a person who committed certain felonies for a third time would be sentenced to life in prison without...
How Can You Get A Presidential Pardon?
Roger Stone, a former campaign advisor to Donald Trump, was charged by federal prosecutors with seven felonies (one count of obstruction, five counts of false statements, one count of witness tampering). He was convicted by a jury of all counts on November...
Can You Be Convicted Of Federal Or State Crimes Committed On Indian Reservations?
On July 9, 2020, the U.S. Supreme Court ruled in McGirt v. Oklahoma, __ US __ (2020)(No. 18-9526) that about half of the land in Oklahoma is actually within a recognized Native American reservation. Why does this matter? In that case, Jimcy McGirt was...
What Rights Do Defendants Have To Personally Confront Witnesses Under The Sixth Amendment During The COVID-19 Pandemic In Michigan?
The Sixth Amendment of the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him…”. The Confrontation Clause is an ancient right stemming from Roman times to...
U.S. Supreme Court Rules Non-Unanimous Jury Verdicts In Criminal Cases Are Unconstitutional
In almost every part of the United States, a single juror on a jury of twelve can protect a defendant from a criminal conviction. However, there are two states in the Union that only require ten out of twelve jurors to render a conviction: Louisiana and...
What Is A Nolo Contendre (“No Contest”) Plea In Michigan?
There are several ways that a criminal case can resolve itself in Michigan. A defendant may elect to plead not guilty and try the case before a judge or jury to verdict. A defendant may elect to plead guilty and tell the court what happened so that the plea agreement...
