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On April 22, 2019, the Michigan Supreme Court released its opinion in People v Mead, ___ Mich ___ (2019) holding that a passenger in a motor vehicle has standing to challenge a police search of his personal property under the Fourth Amendment. This decision overrules...
The U.S. Sixth Circuit Court of Appeals released their opinion in Cruise-Gulyas v. Minard, No. 18-2196, slip op. (6th Cir. Mar. 13, 2019) and held that an individual flashing the vulgar middle finger gesture at a police officer does not create grounds for a search or...
Criminal defendants have "the right to the effective assistance of counsel." Strickland v Washington, 466 US 668, 686 (1984). Generally, this means that a defendant is entitled to reversal of an otherwise valid conviction if (1) "counsel's representation fell below an...
On February 20, 2019, the U.S. Supreme Court released its opinion in Timbs v Indiana, 586 U.S. ___ (2019) holding that the Excessive Fines Clause of the United States Constitution applies to state governments. The Eighth Amendment states that "[e]xcessive bail shall...
People v Anthony Michigan Court of Appeals, Docket No. 337793 For Publication - January 22, 2019 Facts: Police officers approached Mr. Anthony's vehicle, claiming that it was parked in the middle of the street, thus impeding traffic. A police officer claimed to smell...
According to the Michigan Court of Appeals, the Jackson County Prosecutor was entitled to rescind its sentence agreement after the Defendant provided conflicting testimony about his co-defendant's involvement in the crime. People v Anderson Michigan Court of Appeals,...
The Double Jeopardy Clause in the Fifth Amendment of the United States Constitution provides that "[n]o person shall ... be subject for the same offence to be twice put in jeopardy of life or limb". The Michigan Constitution of 1963 has a nearly identical provision as...
There are strict rules regarding eligibility for setting aside certain criminal convictions (also known as "expungement"). However, if qualified, the ability to remove a misdemeanor or felony from your criminal record can create personal or professional opportunities...
On June 22nd, 2018, the United States Supreme Court ruled in Carpenter v. United States, 585 U.S. ___ (2018) that the government's acquisition of cell-site records was a search within the definition of the Fourth Amendment and, therefore, the warrantless acquisition...
On June 7th, 2018, the Court of Appeals released their decision in People v Shorter, ___ Mich App ___; ___ NW2d ___ (2018)(Docket No. 338629) holding that it was error for the trial court to permit the Complainant to testify while accompanied by a support dog and its...