Tag Archives: Crawford County Circuit Court

Judge Rules Cops Can’t Search for Med MJ at Traffic Stop

May 11, 2016  |   Posted by :   |   Criminal Law   |   0 Comments

A district court judge in Otsego County ruled that the Michigan State Police cannot detain a MMMA patient during a traffic stop to “verify” the patient has the lawful amount of medical marijuana.  Criminal defense attorney Todd Nye challenged a traffic stop and arrest by the Michigan State Police “Home Town Security Team.”  The “Team” […]

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Watch Out for the Stingray

May 06, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

You may be unaware that the police have a special suitcase for monitoring you if necessary. It is called a Stingray device. Basically it is a “cell sight simulator, a briefcase-sized surveillance device that allows the police to spy on cell phones in the area by mimicking a cell phone tower.” Basically a Stingray allows […]

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Hair Today, Gone Tomorrow

May 06, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

Currently, the Justice Department, after pressure from the Senate Judiciary Committee, is conducting a post-conviction review of all forensic testimony by the technicians from the FBI Laboratories who performed microscopic examination of human hair. It turns out that 26 of the 28 examiners who were working for the FBI “overstated forensic matches in the ways […]

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DUI Experts

November 30, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

Critical to the defense in many impaired driving cases is an expert familiar with proper police procedures. Many police officers are improperly or poorly trained, or otherwise apply that training incorrectly, when it comes to field sobriety testing. Field sobriety testing (FST) is a barely validated method of determining if a driver is under the […]

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87th District Court

August 21, 2014  |   Posted by :   |   District Court   |   0 Comments

Sentencing’s for June 2014 2014 Hon. Monte J. Burmeister A 27 year old Hersey man was sentenced on June 10, 2014, for license suspended- revoked-allowed another suspended person to operate; ordered to pay $100 in fines. A 29 year old Empire man was sentenced on June 3, 2014, for license suspended-revoked-allowed another suspended person to […]

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Resisting and Obstrucing an Illegal Police Entry

November 29, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Under the common law, a person had a right to defend his or her home against the unlawful entry by the police.   For example, in People v Clements, 68 Mich 655 (1888) a man was convicted of resisting a county sheriff and sentenced to nine months imprisonment.  The sheriff was attempting to seize “a pair […]

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Automatic Stay

November 22, 2013  |   Posted by :   |   Bankruptcy   |   0 Comments

What is the automatic stay in bankruptcy?  It is an order issued in a bankruptcy court which prohibits creditors from making any collection efforts, to include prohibiting garnishments of wages or bank accounts, seizures, foreclosures, telephone calls, collection letters etc.  The automatic stay is enforced by a federal bankruptcy judge.  If creditor violates the automatic […]

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When the Government Wants to Kill You

November 20, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Capitalis is Latin for “regarding the head.”  Capital punishment (death penalty) is the execution of a citizen for punishment for crime. “Lop off his head!” The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment.  However, capital punishment was long a penalty under English common law.  Since 1900, the U.S. Supreme Court issued […]

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Michigan Medical Marijuana Defenses

September 03, 2013  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

The Michigan Supreme Court succinctly outlined the requirements for the two distinct defenses under the Michigan Medical Marijuana Act at Sections 4 and 8 in People v Kolanek, 491 Mich 382, 402 (2012). 1.         Section 4 of the Michigan Medical Marihuana Act (MMMA), MCL 333.26424, provides qualified registered patients broad immunity from “arrest, prosecution, or […]

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Grandma Beats Bureaucrats and Gets Her Grandbabies

August 11, 2013  |   Posted by :   |   Family Law   |   0 Comments

In a rare victory, a grandmother seeking guardianship of her grandchildren beat the Michigan Dept. of Human Services on appeal of her case to the Michigan Court of Appeals.  In re COH, ERH, JRG, KBH, Minors, unpublished per curiam opinion, Issued June 23, 2013, Docket Nos. 3309161 & 312691 (Select the PDF at docket entry 3 […]

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Score: Nye 3 , Michigan State Police –0-

May 08, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

In April, Nye & Associates had charges dismissed or suppressed for cases by the Michigan State Police for their blatant violations of the Fourth Amendment to the U.S. Constitution.   Two cases were related to a traffic stop.  As you may have notice, the MSP runs drag nets on our state highways for the sole […]

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82nd District Court

March 18, 2013  |   Posted by :   |   Local Court Sentencing   |   0 Comments

Judge Daniel L. Sutton recently arraigned the following in 82nd District Court: 21 year old Houghton Lake woman, waived preliminary examination and was bound over to Circuit Cort where she pleaded guilty to one count of deliver/manufacture of less than 50 grams of a controlled substance, first offense (amended from two counts of delivery/manufacture of […]

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34th Circuit Court Roscommon

March 18, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Judge Carles Corwin presided in 34th Circuit Court on Jan. 8, 2013: 34 year old St. Helen man was remanded to the Roscommon County Sheriff’s Dept. to serve a sentence imposed Dec. 4, 2012, following the granting of the prosecutor’s motion to dismiss a probation violation. The judge also signed an order for a show […]

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Felony Child Support: Michigan Supreme Court Republicans Do It Again

December 20, 2012  |   Posted by :   |   Criminal Law, Family Law   |   0 Comments

In 1999 the Michigan legislature, with approval of the Republican governor, established a new law that made it a felony for failure to pay child support. MCL 750.165 states at paragraph 1: “If the court orders an individual to pay support for the individual’s former or current spouse, or for a child of the individual, […]

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