People v. Drake: Can it Be Gross Indecency Without Sex?

The Michigan Court of Appeals in People v. Drake focuses on the Michigan Gross Indecency Law. Specifically, the Court looks into the question of whether gross indecency is limited to certain traditional sexual acts or includes other sexual acts. The Court concluded that the gross indecency law is not limited to certain traditional sexual activities. Sexual gratification can come in forms beyond just the “traditional” or easily identified sexual activities. The question to answer is whether there has been […]

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People v. Kowlaski: Supreme Court Answers What Does It Mean to “Accost” A Child for Immoral Purposes?

The Michigan Supreme Court Case of People v. Kowalski focuses on the law of accosting a minor for immoral purposes under MCL 750.145a. Specifically, the Court answers the question of what does it mean to ‘accost’ a minor? What Happened in the Case Defendant was speaking with a “girl” on the internet whom he believed was 15 years old. The girl was really an undercover police officer. The Defendant and the fake girl had several conversations, that were […]

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People v. Tennyson: What Does It Mean to Contribute to the Neglect or Delinquency of a Minor Child?

The Michigan Supreme Court in People v. Tennyson discusses the Michigan law of contributing the delinquency of a minor. In this case, the Court sought to determine whether evidence that a child was present in a home where a defendant was in possession of drugs and firearms is legally sufficient for a conviction under the criminal law of contributing the neglect or delinquency of a minor under MCL 750.145. Specifically, what level of certainty is required to determine […]

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People v. Roger: Courts OKs Prosecutions for Drunk Snowmobile Driving Under Motor Vehicle Code

The Michigan Supreme Court in People v. Roger held that a person can be prosecuted under the motor vehicle code drunk driving statute for operating a snowmobile while intoxicated on the road. The Case Facts The facts of the case aren’t complicated. Defendant Roger was riding a snowmobile down the shoulder of the highway. He had a blood alcohol content of .23. Roger was prosecuted under the drunk driving statute of the Motor Vehicle Code, MCL 257.625. There […]

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People v. Favreau: Man in His Hotel Room Cannot Be Convicted of Disorderly Person-Public Intoxication

The Court of Appeals in People v. Favreau ruled that Defendant’s conviction for disorderly person was improper because a hotel room is not a public place. The disorderly person public intoxication statute requires a person to be intoxicated in a public place for a conviction. The Case Facts Defendant was staying overnight in a hotel room he was renting. People in neighboring rooms complained there was loud music coming from his room. Defendant’s girlfriend was seen in the […]

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People v. Reynolds: What Does it Mean to Carry a Concealed Weapon?

The Michigan Court of Appeals in People v. Reynolds discusses what it means to have a “concealed weapon.” Reynolds was charged with Carrying a Concealed Weapon under Michigan Law MCL 750.227. After a jury trial convicted him of that crime, he appealed. The Court of Appeals analyzed the elements and issues with carrying a concealed weapon law. Takeaway from the Case The important aspect of this case is the Court’s definition of a “concealed” weapon. A person can […]

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People v. Stevens: The Inoperable Gun Defense to Felonious Assault Charges

The short but important Michigan Supreme Court decision in People v. Stevens holds that an inoperable gun cannot be the basis of a felonious assault conviction. What Happened in the Case The Defendant Stevens pointed a starter pistol at another person. He was charged with felonious assault under MCL 705.82. The firing pin of the gun was filed down to the point where the gun would not fire. Felonious assault is an assault made by a gun, revolver, […]

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People v. Davenport: Do Convictions for Carrying a Concealed Weapon and Carrying a Firearm with Unlawful Intent Violate Double Jeopardy?

The Michigan Court of Appeals in People v. Davenport addresses the issue of whether convictions for carrying a concealed weapon and carrying a firearm with unlawful intent violate the Double Jeopardy provision of the Constitution. What Happened in the Case Davenport was in a bar when the cops first saw him. A cop testified he saw the outline of a gun in Davenport’s pocket. The police went to chase him but he got away. The police caught up […]

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People v. Hollis: Court Discusses Negligent Discharge of a Firearm Law

The Michigan Court of Appeals in People v. Hollis takes a look at the statute for negligently discharging a firearm. The Defendant in this case appealed a jury’s verdict. The appeal argued a lack of sufficiency of evidence to uphold the conviction. What Happened in the Case Hollis was the only witness in the case. He was sitting with a shotgun across his lap. Hollis claimed to believe there were only three shells in the shotgun which he […]

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People v. Jones: Court Discusses Inoperable Gun Defense to Felonious Assault Charges

The Michigan Supreme Court in People v. Jones discusses the inoperable gun defense for a felonious assault with a firearm charge The Case Facts Defendant entered a student’s dormitory room at Eastern Michigan University where he aimed a pistol at her. He later aimed a pistol at a second person who had chased him down the hallway. Defendant was charged with two counts of felonious assault. Felonious assault is an assault with a gun, revolver, pistol, other dangerous […]

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