Archive | January, 2014

Preliminary Examination

January 22, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

In a felony case in Michigan, a defendant has two statutory (not constitutional) rights. First, the defendant has a right to a hearing where the prosecutor must show (by putting on witnesses) that there is probable cause to believe a crime was committed and probable cause that the defendant committed that crime. If the prosecutor […]

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82nd District Court, Roscommon, MI

January 13, 2014  |   Posted by :   |   Criminal Sentencings, Selected Michigan Courts   |   0 Comments

Judge Daniel L. Sutton recently arraigned the following in 82nd District Court: 53 yr old Saginaw man, waived preliminary examination and was bound over to Circuit Court on charges of resisting and obstructing a police officer and prossession of a firearm by a felon. Bond was set at $25,000.00. 32 yr old Merritt man, waived […]

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Court of Appeals Sets Strict Standards for Medical Marijuana Caregivers under MMMA Sections 4 & 8

January 12, 2014  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

In a decision issued on November 19, 2013, the Michigan Court of Appeals laid down a strict and onerous burden for a caregiver to assert defenses under the Michigan Medical Marijuana Act.   In People v Hartwick, a caregiver was charged with felonies for illegally growing and possessing marijuana.  In the trial court, the defendant/caregiver […]

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Entrapment

January 11, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

Frequently, police take actions that constitute criminal entrapment; normally, entrapment occurs in Michigan through a narcotic’s unit by a criminal informant. Entrapment is an absolute defense, and it does not matter whether the crime was committed or not.  People v Rowell, 153 Mich App 99, 103 (1986); People v White, 411 Mich 366, 387  (1981)   The […]

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82nd District Court-Roscommon, MI

January 03, 2014  |   Posted by :   |   Criminal Law, Criminal Sentencings, Selected Michigan Courts   |   0 Comments

2013-1205 before the Honorable Judge Daniel L Sutton recentley arraigned the following in 82nd District Cour: 31 year old St. Helen man, waived preliminary examination and was bound over to Circuit Court where he pleaded guilty to breaking and entering with intent (amended from second degree home invasion). Dismissed was a charge of safe breaking. Richfield […]

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