ORDER OF PROTECTION/TAMPERING: Both conduct and result of conduct could have led jury to convict under result-based instruction argued on appeal or statutory/MCJI instruction [Read more…]
Costs, defender/prosecution/jury
COSTS of defender, prosecution, jury awarded without proper consideration of ability to pay, rights of indigent to jury trial… Christopher reversed. [Read more…]
Evidence disposal, firearms, accessories
EVIDENCE DISPOSAL: Firearm accessories should be released to imprisoned highway shooter’s parents… firearms, [Read more…]
Sentencing, inability to afford bail
SENTENCING: Alleged indigence/inability to afford bail not a factor in revocation sentence which imposed time for chemical [Read more…]
Justifiable force, aggravated assault
JUSTIFIABLE FORCE: Plain error, ineffective assistance review declined on claim that jury should have been instructed as to [Read more…]
Sentencing, restitution, profits v. replacement
SENTENCING: Lost profits may be awarded as part of restitution, but amount of lost profits of cartridge casings improperly [Read more…]
Appeal, nolo plea without reserving issues
APPEAL: Probable cause challenge waived by nolo plea without reserving right to appeal… probable cause not jurisdictional [Read more…]
DUI, suspicion of burglary casing
DUI: Circumstances support particularized suspicion that Defendant was casing business for burglary… officer properly [Read more…]
Homicide, video deposition, dynamite instruction
DELIBERATE HOMICIDE: Confrontation rights protected by video deposition of pregnant DNA expert unable to travel rather than [Read more…]
Search & seizure, Goetz retroactivity
SEARCH & SEIZURE: Goetz applied retroactively to warrantless wire recordings, error prejudicial as reasonable possibility [Read more…]