Just some of our victories
Victory for the Fourth Amendment in Court
The fourth Amendment lives to see another day. Komorn law is pleased to report another victory for a client entangled in the justice system. After a...
Marijuana, Mushrooms, a Gun and a Bad Search – Case Dismissed
Summary Client resident searched without warrant Client property seized Client charged We filed motion for bad search Judge agreed Prosecutor filed...
4th Amendment Violation
The court granted our motion to Suppress and Dismiss all evidence “ The manner by which the evidence was seized violated the accused 4th Amendment...
Victory – Case Dismissed – 3rd OWI – High BAC
This one was an epic battle, that started right before the shut down in March of 2020 and involved the following: Preliminary Exam 1. After...
Marijuana retailer drops lawsuit against City of Ypsilanti
YPSILANTI, MI - Less than four months after a company sued Ypsilanti over the city’s marijuana business licensing process, the company has dropped...
Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal
Summary: Komorn Law has won another case in Circuit Court. The Judge suppressed the 26 pounds of marijuana of evidence seized following a...
Accused of being high as a kite and smoking dirt weed
The Charge - OWI (Accident and 17 nanograms of THC) Set for Trial Thursday, March 18, 2021 at 8:00 am. We arrived at the Roscommon District...
Victory in Ann Arbor Court for Medical Marijuana Patient on Probation
Komorn Law is proud to report a significant and relevant case victory directly related to our recent Michigan Court of Appeals Opinion win in the...
Client charged with Carrying a Concealed Weapon
Our client was charged with 5 year felony-carrying a concealed weapon. Here's the law they were charged with... MCL750.227 Concealed weapons;...
Medical Examiner Changes Cause of Death in Warren
Defense attorneys for two of three men charged with manslaughter after a killing in Warren say the case should be dismissed after the Macomb County...
Case Dismissed-Case Closed
Overcharged As it goes, my clients were overcharged with crimes involving drugs, guns, bombs and money. We litigated this case for over three years...
Case Dismissed Against Man Charged With Growing Pot
Charges have been dropped against a local man accused of illegally growing large quantities of marijuana.
Nessel signals shift in policy with dismissal of marijuana charges
Four people charged with marijuana crimes by Republican former Attorney General Bill Schuette will have their charges dismissed by Democratic...
MICHIGAN MEDICAL MARIHUANA ACT – Section 4 Defense
Marijuana Criminal Defense Client with medical marijuana card was charged with marijuana possession. Client was assigned a court appointed lawyer...
More…
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
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Contact Komorn Law PLLC if you’re ready to fight and win.
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More Rights You Should Know
Victory for the Fourth Amendment in Court
The fourth Amendment lives to see another day. Komorn law is pleased to report another victory for a client entangled in the justice system. After a lengthy evidentiary hearing, we heard the magic words stated from the Court, For these reasons I am going to grant the...
Supreme Court Declines to Hear Maryland Gun Permit Case
The U.S. Supreme Court recently declined to hear Snope v. Brown, a case challenging Maryland’s requirement for a permit to carry a concealed handgun. While the Court offered no explanation, the decision leaves in place a lower court ruling that upheld the state’s...
Other Articles
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...
