Michigan Supreme Court – People of Michigan v. Duff

Michigan Supreme Court – People of Michigan v. Duff

A seizure may occur when a police vehicle partially blocks a defendant’s egress if the
totality of the circumstances indicate that a reasonable person would not have felt free to leave

In the case of People v Duff (July 26, 2024)., the Michigan Supreme Court issued an opinion regarding police seizure.

Background of the Case: Police officers observed a parked car with its engine running in an elementary school parking lot at 10:00 p.m. They parked their patrol car about ten feet behind the parked car at a 45-degree angle, with headlights and a spotlight directed at the car.

The officers approached the vehicle, detected signs of intoxication from the driver, and took him into custody following failed field sobriety tests. The driver later agreed to a blood draw and confessed to consuming alcohol.

Key Legal Issues: The defendant’s motion to suppress evidence of intoxication was denied by the Oakland Circuit Court, as it claimed the evidence was obtained through an unlawful seizure. The Court of Appeals also denied interlocutory leave to appeal.

The Michigan Supreme Court remanded the case to the trial court to determine when the defendant was first seized for Fourth Amendment purposes. On remand, the trial court granted the defendant’s motion to dismiss, finding that the defendant was seized when the patrol car parked behind him.

The Court of Appeals overturned the decision, stating that the defendant was not considered to be under seizure when the patrol car pulled up 10 feet away at a 45-degree angle.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Michigan Supreme Court Decision: A police vehicle blocking a defendant’s exit may constitute a seizure if a reasonable person would not feel free to leave based on the circumstances.

The Court determined that the defendant was seized prior to the officers detecting any signs of intoxication, taking into account the police behavior, timing, and environment.

The Court of Appeals’ decision was overturned, leading to a remand to assess if the officer had reasonable suspicion of criminal activity during the defendant’s initial seizure.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Michigan Supreme Court – Money back for former homeowners

Michigan Supreme Court – Money back for former homeowners

In a landmark decision, the Michigan Supreme Court has ruled that counties cannot retain surplus proceeds from tax-foreclosed property sales, a move poised to return millions to former homeowners. This ruling, stemming from the case Rafaeli, LLC v. Oakland County, found that keeping surplus auction proceeds violated the Michigan Constitution’s Takings Clause, which prohibits the government from seizing private property without just compensation.

Typical Government Hustle

Historically, Michigan’s tax foreclosure law, established in 1999, allowed counties to auction off properties with unpaid taxes and retain any proceeds beyond the owed taxes and associated fees.

This practice led to significant financial windfalls for counties, often at the expense of the original property owners, who lost their homes and any equity built up in them.

The Supreme Court’s decision overturns this precedent, emphasizing that former homeowners are entitled to any surplus funds from these sales.

The Michigan Supreme Court ruled that practice as unconstitutional and said the homeowner was entitled to that surplus.

At the time of the ruling, only claims from 2020 and later qualified for reimbursement of funds, but a new ruling Monday could impact sales as far back as 2014. 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The case that catalyzed this ruling involved Uri Rafaeli, whose property in Oakland County was sold for $24,500 after he failed to pay a $285 property tax debt. 

The county kept the entire sale amount, far exceeding the owed tax. The court ruled this action as an unconstitutional taking, highlighting the inequity of the practice.

This decision has significant financial implications for Michigan counties.

Many counties relied on surplus proceeds from tax foreclosure auctions to supplement their budgets and support various county operations.

Wayne County, for instance, often used these funds to cover budget deficits. Now, counties may face financial strain, particularly if the ruling is applied retroactively, necessitating repayments for past surpluses retained from property sales prior to the 2020 decision.

In response to the ruling, Oakland County and others will need to amend their practices. Oakland County has already settled a related lawsuit, establishing a $38 million fund to compensate affected homeowners. This settlement underscores the potential scale of financial restitution that counties might need to provide.

Like every other poor decision the government makes it will be funded by tax payers.

The ruling aligns Michigan with other states that ensure surplus proceeds from tax sales are returned to former property owners, reinforcing property rights and equitable treatment. Moving forward, Michigan counties will need to adjust their tax foreclosure processes to comply with this ruling, likely influencing legislative changes to solidify the new legal framework.

For former homeowners, this ruling represents a significant victory, affirming their rights to any equity remaining in their properties after tax debts are settled. It also serves as a check on governmental overreach, ensuring that property seizure for unpaid taxes does not result in unjust enrichment at the expense of taxpayers.

This decision has broader implications beyond Michigan, resonating with similar cases across the United States. Earlier this year, the U.S. Supreme Court sided with a Minnesota homeowner in a comparable situation, emphasizing a national trend towards protecting homeowners from losing their property equity in tax foreclosure processes.

Conclusion

The Michigan Supreme Court’s ruling mandates a fairer approach to tax foreclosures, ensuring surplus proceeds return to the rightful owners and setting a precedent for property rights protections. This decision will reshape county financial strategies and bolster homeowner protections, marking a pivotal shift in Michigan’s handling of tax-delinquent properties​

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Komorn Law Case Victories

Komorn Law Case Victories

Just some of our victories

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Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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6-30-18 United States v Neece – Federal Case Dismissed

MM cardholder Neece was charged with possession of a controlled substance, 36 CFR 261.53(e) for possessing three joints in his kayak.

The feds alleged his possession in a national forest in violation of the MMMA because someone was seen smoking a joint.

Defendant moved to dismiss under the rider to the Consolidated Appropriations Act (f/k/a Rohrabacher-Farr or Rohrabacher-Blumenauer).

The court dismissed the case, citing McIntosh.   The court held that strict compliance must be established to be dismissed.   Had the officers seen Neece smoking in public, in violation of the MMMA 333.26427(b)(3), the court would not have dismissed the case.

A big hearty congratulations to Michael Komorn and the Komorn Law team for this victory.   To the best of my knowledge, this is the first Michigan MM case to dismissed in federal court for violating the rider.

 

6-3-14 People vs V – Section 8 Dismissal

Client was charged with improper transport of marijuana in a vehicle. 750.474 but his medical marijuana card expired and and he needed a section 8 defense to remove this conviction from his record. Defendant would be immune from prosecution if he can prove prima facie evidence and a preponderance of evidence of medical use.

The court heard arguments and dismissed the charge of improperly transporting usable marijuana.  Court ruled that defendant was immune based on Section 8

Charges were dropped on 6-3-14

 

08-12-2013 People vs D

Marijuana Criminal Defense

Client charged with marijuana possession in Montrose MI. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and withdrew the plea.

The charge was dismissed.

 

2-24-2013 People vs N

Medical Marijuana patient charged with 3 counts of Delivery / Manufacture of Marijuana.

Prove defendant was immune from prosecution because of a medical marijuana defense.  333.7401(2)(d)(3) and MCL 333.26424, 333.26428.

Defendant hired Michael Komorn

The defendant was immune from prosecution and that the charges shall be dismissed without prejudice. The prosecutor and court dismissed all three charges on 2-24-2013

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Michigan Court of Appeals – Case Summary People v Bosworth

Michigan Court of Appeals – Case Summary People v Bosworth

Michigan Court of Appeals – People v. Bosworth

Despite these efforts, the jury found the evidence against Bosworth compelling.

In the case of People v. Christopher Mychael Bosworth, the Michigan Court of Appeals rendered a decision on July 18, 2024. Bosworth was convicted by a jury of first-degree murder, assault with intent to commit murder, and two counts of possession of a firearm during the commission of a felony (felony-firearm). These convictions stemmed from a violent incident that occurred in Muskegon County.

Incident Details

The incident leading to Bosworth’s convictions occurred in late 2022. Bosworth was accused of fatally shooting one individual and attempting to kill another. The circumstances of the crime involved a dispute that escalated, resulting in the use of a firearm. The prosecution presented evidence that Bosworth acted with premeditation and intent, elements crucial for the first-degree murder charge under Michigan law (MCL 750.316(1)(a)).

Trial and Evidence

During the trial, the prosecution’s case was built on eyewitness testimonies, forensic evidence, and Bosworth’s own statements. The defense argued that Bosworth did not have the requisite intent for first-degree murder and sought to undermine the reliability of the eyewitness accounts. Despite these efforts, the jury found the evidence against Bosworth compelling.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Appeal Grounds

On appeal, Bosworth raised several issues, including challenges to the sufficiency of the evidence, procedural errors during the trial, and the effectiveness of his trial counsel. He contended that the evidence presented did not support a finding of premeditation and intent necessary for a first-degree murder conviction. Additionally, Bosworth argued that the trial court made errors in admitting certain pieces of evidence and that his attorney failed to provide an adequate defense.

Court of Appeals Decision

The Michigan Court of Appeals reviewed the case and upheld Bosworth’s convictions. The court found that the evidence, when viewed in the light most favorable to the prosecution, was sufficient to support the jury’s verdict. The court noted that the testimonies and forensic evidence presented at trial were adequate to establish Bosworth’s guilt beyond a reasonable doubt.

Regarding the procedural errors claimed by Bosworth, the Court of Appeals determined that any errors made during the trial were harmless and did not affect the overall fairness of the proceedings. The court also dismissed Bosworth’s claims of ineffective assistance of counsel, concluding that his attorney’s performance did not fall below an objective standard of reasonableness and that there was no reasonable probability that the outcome would have been different absent the alleged deficiencies.

Conclusion

The decision in People v. Bosworth reaffirms the standards for evaluating sufficiency of evidence and handling claims of trial errors and ineffective counsel on appeal. The case illustrates the rigorous scrutiny applied by appellate courts to ensure that convictions are supported by substantial evidence and that defendants receive a fair trial.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Michigan Court of Appeals – Case Summary People v Bosworth

Michigan Court of Appeals – Case Analysis People v. Jackson

Michigan Court of Appeals – People v MICHAEL JACKSON

Several critical legal issues emerged during the trial and subsequent appeals process including self defense claim and witness credibility.

In a recent decision by the Michigan Court of Appeals dated July 18, 2024, the case of People v. Jackson has sparked considerable discussion and analysis within legal circles. This blog aims to provide a comprehensive overview and analysis of the key aspects of this case, examining its background, legal issues, court’s opinion, and potential implications.

Background of the Case

The case revolves around the defendant, Mr. Jackson, who was charged with first-degree murder in connection with an incident that occurred in Detroit in March 2022. According to the prosecution, Mr. Jackson was allegedly involved in a heated altercation outside a local bar, which tragically resulted in the death of another individual. The defendant pleaded not guilty, claiming self-defense, which became a focal point during the trial.

During the trial proceedings, evidence was presented by both the prosecution and the defense to establish their respective narratives. Witnesses testified regarding the sequence of events leading up to the altercation, the actions of both parties involved, and the circumstances surrounding the use of force.

Legal Issues at Stake

Several critical legal issues emerged during the trial and subsequent appeals process:

Self-defense claim: Central to the defense strategy was Mr. Jackson’s assertion that he acted in self-defense. Under Michigan law, individuals have the right to defend themselves if they reasonably believe that they are in imminent danger of death or great bodily harm.

Credibility of witnesses: The credibility of witnesses and the reliability of their testimonies played a crucial role in establishing the sequence of events and determining whether Mr. Jackson’s use of force was justified.

Application of first-degree murder charge: The prosecution sought to prove that Mr. Jackson’s actions met the criteria for first-degree murder, which requires premeditation and intent to kill. The defense contested these elements, arguing for a lesser charge or acquittal based on the evidence presented.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Court’s Opinion and Rationale

In its decision dated July 18, 2024, the Michigan Court of Appeals carefully reviewed the trial record and considered the arguments presented by both parties. The court focused on several key points:

Reasonable belief in imminent danger: The court evaluated whether Mr. Jackson reasonably believed that he faced imminent danger of death or great bodily harm at the time of the incident. This assessment involved a nuanced review of the circumstances leading up to the altercation and the defendant’s state of mind.

Evaluation of witness testimony: The appellate court scrutinized the credibility of witnesses and the consistency of their testimonies. Discrepancies or inconsistencies in witness statements were weighed in determining the reliability of the evidence presented.

Legal standards for first-degree murder: In considering the charge of first-degree murder, the court examined whether the prosecution adequately proved premeditation and intent to kill beyond a reasonable doubt. This involved an analysis of the actions and motivations attributed to Mr. Jackson during the incident.

Based on its review of the case, the Michigan Court of Appeals rendered its decision, which could include affirming the trial court’s judgment, modifying the judgment, or ordering a new trial based on procedural errors or insufficient evidence.

Conclusion

People v. Jackson represents a significant legal milestone in Michigan, addressing complex issues of self-defense and murder charges within the framework of state law. The decision underscores the judiciary’s role in carefully weighing evidence, assessing legal arguments, and delivering justice in accordance with established legal principles. As the case continues to unfold through potential further appeals or retrials, its impact on legal precedent and public perception remains noteworthy and deserving of ongoing analysis.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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