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Michigan’s marijuana laws mandate that both retail recreational and medical marijuana undergo comprehensive testing conducted by independent laboratories. The purpose of such testing is to identify and mitigate potential contaminants such as mold, mildew, and harmful chemicals. Ensuring the safety of users remains paramount under these regulations.
Homeless advocate Mike Karl attests to the local unhoused population retrieving the bags from a dumpster.
State regulations require that tested marijuana must be completely destroyed before disposal, in accordance with the guidelines set by the Cannabis Regulatory Agency. Additionally, the discarded marijuana samples must be rendered unrecognizable. Failure to comply with these regulations may result in the imposition of substantial fines by the state regulatory agency.
Karl says he is concerned about safety related to the discarded marijuana packets.
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“My biggest thing is, if the homeless are out there, and going through this waste and smoking this stuff, they could get powder mildew in their lungs,” he says. “It could cause medical complications. Who knows what chemicals are in these testing kits that littered all over the ground back there. And it’s making out homeless sick. We have to act. We have to do something.”
Where the bags are coming from, however, is unclear. The bags have the names and license number of various dispensaries on them. A CRA spokesman declined to comment for this story.
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The Michigan Rules of Evidence are the rules adopted by the Michigan Supreme Court to govern evidentiary processes throughout Michigan’s judicial system.
Occasionally, the Rules of Evidence require amendments or changes. You can access proposed and recently-adopted orders affecting the Rules of Evidence from this page. There are also more links below at the end of this article.
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Proposed Amendments of MRE 702 and 804
Regarding expert witness’s testimony and statements against interest that expose a declarant to criminal liability.
Proposed Amendment of the Michigan Rules of Evidence
Would restyle the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence.
2020-29 Proposed Amendments of Rule 410 of the Michigan Rules of Evidence
Would add vacated pleas to the list of guilty pleas that may not be used against defendant and would add a cross-reference to MCR 6.310 regarding withdrawal of a plea to the current reference to statements made under MCR 6.302 in entering a plea.
Michigan Court Rules: Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9
Michigan Rules of Evidence | Administrative Orders | Local Court Rules | Michigan Rules of Professional Conduct | Rules Concerning the State Bar | Rules for the Board of Law Examiners | Code of Judicial Conduct | Michigan Continuing Judicial Education Rules
Important:
This article provides a simplified overview of the Michigan Rules of Evidence for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance.
The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.
Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.
Here is the link to proposed changes Michigan Court Website
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Michigan’s Rules of Evidence, established by the Supreme Court, dictate how evidence is presented and admitted in court proceedings. Rules 1001 through 1008, focusing on how written words, recordings, and photographs are treated as evidence.
Rule 1001: Defining the Terms
Before diving into details, Rule 1001 lays the groundwork by defining key terms:
Rule 1002: The Quest for the Original
Generally, Rule 1002 emphasizes using the original document, recording, or photograph as evidence. This ensures authenticity and accuracy. However, exceptions exist:
Rule 1003: Duplicates Step Up in Absence of Originals
When the original is unavailable and exceptions in Rule 1002 don’t apply, certified duplicates take center stage under Rule 1003. However, the opposing party has the right to challenge the authenticity of the duplicate.
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Rule 1004: When Copies Don’t Cut It
If neither the original nor a certified duplicate are available, Rule 1004 allows “other evidence of contents.” This could include oral testimony about the contents, copies not certified by the custodian, or even handwritten notes summarizing the original. However, such evidence faces a higher bar for admissibility due to concerns about accuracy and trustworthiness.
Rule 1005: Public Documents Take a Shortcut
For publicly available documents like government records, certified copies readily obtainable from the custodian bypass the original requirement under Rule 1005.
Rule 1006: Summaries of voluminous records get a green light
Rule 1006 reiterates the allowance for summaries of voluminous records if the original would be cumbersome to present. Here, the summary must be prepared by a qualified witness accurately reflecting the original’s substance.
Rule 1007: Parties Can Speak for Their Words
Rule 1007 empowers parties in a case to testify about the contents of their own writings, recordings, or photographs. This helps clarify ambiguities or resolve questions about intent.
Rule 1008: Judge and Jury Take Their Roles
Finally, Rule 1008 clarifies how judges and juries handle certain issues:
These eight rules form the foundation for handling written, recorded, and photographic evidence in Michigan courts. Remember, this is just a summary; actual legal proceedings should involve consulting legal professionals for accurate interpretation and application of these rules.
Important:
This article provides a simplified overview of the Michigan Rules of Evidence for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance.
The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.
Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.
Here is the link to proposed changes Michigan Court Website
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Ever wondered how that document or recording made its way into a Michigan courtroom? The answer lies in Michigan Rules of Evidence 901 to 903, which govern the crucial step of authenticating evidence.
This article provides a factual, no-nonsense breakdown of these rules, drawing insights from the official Michigan Rules of Evidence Handbook.
Rule 901: The Key to Admission
At its core, Rule 901 states that before any evidence can be considered by the court, it must be properly authenticated.
This means proving, through sufficient evidence, that the item is indeed what it’s claimed to be. Think of it as verifying the identity of a witness before they can testify.
The rule doesn’t prescribe a specific method for authentication; it simply says there must be enough evidence to convince the judge that the item is genuine. This flexibility provides room for various situations and evidence types.
Unlocking Authenticity: Examples from the Handbook
The Handbook offers helpful examples to illustrate how Rule 901 might be satisfied in practice. Here are a few:
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Rule 902: Self-Authentication Shortcuts
Certain types of evidence are so inherently reliable that they “speak for themselves” and don’t require additional authentication under Rule 901. Rule 902 lists these self-authenticating items, including government publications, certain business records, and certificates of marriage or birth.
Rule 903: Skipping the Witness in Certain Cases
Traditionally, written documents often required the testimony of a subscribing witness (someone who witnessed the signing) to be admitted. However, Rule 903 simplifies matters by stating that such testimony is unnecessary unless specifically required by other relevant laws.
Remember: These are just summaries, and the actual rules contain nuances and exceptions. For complex legal matters, consulting with a lawyer is always recommended.
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Important:
This article provides a simplified overview of the Michigan Rules of Evidence for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance.
The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.
Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.
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In the courtroom, truth-finding is paramount. Yet, not every statement offered as evidence directly reveals the truth. Enter the realm of hearsay, statements made out of court, and the complex rules governing their admissibility. In Michigan, Rules of Evidence 801-807 serve as the gatekeepers, determining which hearsay statements can cross the threshold and be heard by the jury.
Rule 801: Hearsay and its Exceptions
The battle begins with understanding the enemy – hearsay. Rule 801 defines it as a statement:
However, not all out-of-court statements are hearsay. Rule 801 itself provides several exceptions:
Rule 802: The General Hearsay Ban – A Wall with Cracks
While Rule 801 identifies the enemy, Rule 802 raises the barricades. It generally prohibits the admission of hearsay, recognizing the inherent danger of relying on uncross-examined statements. However, the rule isn’t a fortress—cracks exist in the form of numerous exceptions.
These exceptions fall into two broad categories:
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Rules 803-806 – A Spectrum of Exceptions
Each exception in Rules 803-806 has its own specific requirements and nuances. For instance, Rule 803(a) allows business records to be admitted if they were kept in the regular course of business and meet certain foundational requirements. Rule 803(b) permits excited utterances only if made under the immediate stress of a startling event, while Rule 803(c) allows statements against interest if the declarant would have reasonably expected the statement to harm their legal position.
These rules provide a spectrum of exceptions, balancing the need for reliable evidence with the concerns over hearsay’s inherent dangers. Navigating this spectrum requires careful consideration of the specific facts and circumstances of each case.
Rule 807: The Residual Exception – A Last Resort
Even after considering all established exceptions, some cases may still involve crucial hearsay evidence not neatly categorized. This is where Rule 807, the residual exception, steps in. It allows for the admission of hearsay that doesn’t fall under any other exception, but only if it meets four strict conditions:
The residual exception is a powerful tool, but its use is limited and subject to careful judicial scrutiny.
Important:
This article provides a simplified overview of the Michigan Rules of Evidence for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance.
The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.
Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.
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