2012 Michigan Criminal Law Legislation

The following is an outline of criminal law legislation that was passed in 2012; I. New Crimes and Penalties A. Animal Fighting. 2012 PA 350-351. Effective Dec. 12, 2012. Makes animal fighting violation under MCL 750.49 predicate offenses for CCE violations. MCL 750.158g. 1. Animal fighting violations were also added to the omnibus forfeiture act. MCL 600.4702. B. Arson. 2012 PA 531-534. Effective April 2, 2013. Completely rewrites the arson statute. 1. First Degree Arson. The wilful or malicious burning of […]

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Smith v. Cain: The Prosecution’s Duty to Disclose Evidence

The case of Smith v. Cain did not break new legal ground but instead served to correct a past injustice. Smith was charged and convicted of killing five people during an armed robbery in Louisiana. At trial, the jury heard the testimony of a single witness, Larry Boatner.  Boatner testified that he was at a friend’s home when Smith and two other robbers entered the home, demanded valuables, and began shooting. He identified Smith at trial as the […]

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No Medical Marijuana Coverage in Worker’s Compensation or No Fault Insurance

Two Michigan laws that went into effect this past week will deny certain insurance benefits related to medical marijuana. Employers will not be required to provide reimbursement for expenses related to medical marihuana under worker’s compensation benefits. MCL 418.315a. Personal protection insurance benefits, also known as no-fault car insurance, will not be required to cover medical marijuana treatments. MCL 500.3107. Read the Michigan Medical Marihuana Act Check out ArborYpsi Law’s Michigan Medical Marijuana Act Blog     Contact […]

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People v. Tipolt: Foundation for Breath Test Evidence

In the case of People v. Tipolt, the Court of Appeals discusses the foundation requirements for the introduction of Breathalyzer evidence for trial. The Facts Defendant Tipolt was arrested in White Lake Township and charged with the equivalent of the driving while intoxicated crimes at the time the case was decided. In the District Court, the defense moved to suppress the results of the Breathalyzer machine. The defense claimed there a failure by the police to comply with […]

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Michigan Criminal Law Legislation in 2011

The following is an outline of the new criminal law legislation in Michigan for the year of 2011; I. New Crimes & Penalties A. Bath Salts. 2011 PA 88. Effective Aug. 2, 2011. Adds bath salts that are sold under some of the following trade names to schedule 1; White Lighting, Scarface, Sonic, White Dove, Cloud Nine, Red Dove, Ocean, Ivory Wave, Hurricane Charlie, Charge Plus, and MDPV. MCL 333.7212(1)(m-r). B. Criminal Sexual Conduct by Health Professionals. 2011 […]

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Kentucky v. King: Destruction of Evidence and Warrantless Searches

The Fourth Amendment requires that police obtain a warrant before entering a home though there are some exceptions. One exception involves a situation in which evidence of a crime is being destroyed. In the case of Kentucky v. King, the U.S. Supreme Court addressed the question of whether this rule applies when the police, by knocking on the door of a home and announcing their presence, cause the occupants to the destroy evidence in the first place. The […]

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New Parole Rules for Non-citizens

A new law will enable qualifying non-citizens to be released from prison early for the purposes of deportation. To qualify, the prisoner must have served half the minimum sentence. Prisoners convicted of murder in the first or second degree, criminal sexual conduct in the 1st, 2nd, or 3rd degree, or sentenced as a habitual offender will be ineligible for this parole. In the event that the paroled prisoner is not deported after release, the Department of Corrections will […]

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Michigan Criminal Law Legislation in 2010

The following is an outline of Michigan Criminal Law Legislation in the year of 2010; I. New Crimes and Penalties A. Alcohol. 1. Beer Kegs. 2010 PA 344. Effective Dec. 21, 2010. Requires sold beer kegs to have an identification tag that allows the keg to be traced to the purchaser. It is a misdemeanor, punishable by up to 93 days in jail, a $500 fine, or both, to do any of the following; a. Remove an identification tag […]

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New Rules for Attorneys Representing Non-citizen Criminal Defendants

The Supreme Court of the United States in Padilla v. Kentucky ruled that attorneys representing a non-citizen defendant must advise that a guilty plea may result in adverse immigration consequences. Specifically, the Supreme Court held that where deportation consequences for the defendant are clear, counsel has a duty to warn of the consequences. However, where the deportation consequences are not clear, counsel need do no more than advise the defendant that a conviction may carry a risk of […]

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People v. Yamat: What Does It Mean to Operate a Vehicle?

The Court of Appeals in People v. Yamat discusses what it means to “operate”  a vehicle. Although the Yamat case dealt with a charge of felonious driving, the case is relevant for an operating while intoxicating charge. What Happened in the Case Defendant was a passenger in a car and his girlfriend was the driver. The couple had an argument. Defendant grabbed the steering wheel and turned the car. The vehicle then veered off the road, and hit […]

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