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What is a Preliminary Exam?
Michigan Preliminary Examinations The Strategic Gatekeeper in Felony Defense The Preliminary Examination as the First Line of Defense In Michigan felony cases, the preliminary examination (PE) is the first—and often most decisive—opportunity to challenge the...
What does Nolle Prosequi mean?
What does Nolle Prosequi mean? Fatal Flaw In criminal cases, nolle prosequi may be employed when there is a significant weakness in the prosecution's case, when the prosecutor acknowledges an inability to prove the charges, or even when the prosecutor has lost...
People v. Lukity, 460 Mich 484 (1999)
Case Summary The Michigan Supreme Court reversed the Court of Appeals and reinstated the defendant’s conviction for first-degree criminal sexual conduct against his fourteen‑year‑old daughter. The Court held that although one evidentiary error occurred, it was...
Motion in Limine vs Motion to Suppress
Defininition and Explaination - Motion in LimineOverview Although both a motion in limine and a motion to suppress deal with evidence, they serve very different purposes in Michigan criminal cases. Understanding the distinction is critical because each motion affects...
A Motion in Limine – What does it Mean?
Defininition and Explaination - Motion in LimineA motion in limine is a pretrial request asking the judge to exclude (or sometimes allow) specific evidence before the jury ever hears it. It’s one of the most important evidentiary tools in both criminal and civil...
Michigan Supreme Court and Court of Appeals Cases – Threat of Terrorism
Case Summary In People v Kvasnicka, the defendant sent a message to a young girl stating she “would not be laughing” when he came to her school to “shoot it up or blow it up like Columbine.” Charged under Michigan’s threat‑of‑terrorism statute, he argued the law was...
What is a Franks Hearing?
What is a Frank's Hearing?A Franks hearing is a critical legal tool used when a defendant claims that police lied, exaggerated, or recklessly disregarded the truth in a search warrant affidavit. When law enforcement places its hand on the Constitution, the law...
Michigan House Bill Proposes 32% Tax on Internet Devices for Kids
Taxed Again..? They're working on it.A newly introduced Michigan House bill would impose a 32% excise tax on smartphones, tablets, gaming systems, and other internet‑connected devices marketed to or primarily used by minors. Lawmakers backing the proposal argue the...
Shadow cash is corrupting Michigan courtrooms
The Shadow Cash Threat: Protecting the Integrity of Michigan Courtrooms In recent months, a spotlight has been cast on a hidden influence within the Michigan legal system: "shadow cash." This term refers to third-party litigation funding (TPLF), where outside...
Michigan judge charged in stealing from incapacitated adults
No Good Headline to Lead with HereSummary Federal prosecutors have charged a 36th District Court judge and three associates with orchestrating a long‑running financial scheme that diverted funds from incapacitated adults under court‑appointed guardianship. The...
Michigan Supreme Court and Court of Appeals Cases – Prisoner in Possession
Prisoner in Possession of a Controlled SubstanceCase Summary In People v Tadgerson, the Michigan Supreme Court addressed a critical question: does the crime of a prisoner possessing a controlled substance under MCL 800.281(4) require proof of intent, or is it a...
What is Inference Stacking?
What Is Inference Stacking? A Legal ExplanationInference stacking—also called pyramiding of inferences—is a rule of evidence that prohibits courts or juries from building one inference on top of another when the first inference is not supported by direct evidence....
Michigan Supreme Court and Court of Appeals Cases – Murder
Case Summary In People v Jones, the Michigan Court of Appeals addressed whether a single act of abuse can support convictions for both first‑degree child abuse and felony murder. The defendant argued that using the same conduct to support both charges violated...
Michigan Supreme Court and Court of Appeals Cases – Neglect of Duty
Case Summary In People v Harper, a Wayne County Sheriff’s deputy was charged with neglect of duty after witnessing an inmate escape during his smoke break and taking no action to stop or pursue the prisoner. The prosecution relied on the Sheriff’s Department policy...
Michigan Supreme Court and Court of Appeals Cases – Metallic Knuckles
Case Summary In People v Dummer, the defendant challenged Michigan’s metallic‑knuckles statute, arguing that simply possessing the weapon was protected by the Second Amendment. The Michigan Court of Appeals acknowledged that possession of metallic knuckles is...
Michigan Supreme Court and Court of Appeals Cases – Election Interference
Case Summary In People v Burkman, defendants created a robocall targeting African American voters during the 2020 election. The call falsely warned that mail‑in voting would expose voters to law‑enforcement tracking, debt collection, and forced vaccinations....
Michigan Cannabis Tax Fraud Cases Are Rising
Hands up CaponeMichigan’s regulated cannabis industry is in a very different place than it was when medical marijuana and adult-use legalization were the primary battlegrounds. As prices compress, margins disappear, and tax burdens increase, enforcement doesn’t...
Deadlocked Jury – What does it mean?
A deadlocked jury is often called a hung jury—A deadlocked jury—often called a hung jury—occurs when jurors cannot reach the unanimous (or legally required) agreement needed to deliver a verdict. In criminal cases, most jurisdictions require unanimity. When the jury...