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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New York v. Litto: Can You Get a DUI from Huffing Under New York Law?

The case of People of the State of New York v. Vincent Litto is about operating while intoxicated by huffing chemicals. The Defense in this case argued that New York law did not prohibit driving under the influence of a huffing chemical inhalant. The Defense was successful on these grounds, as New York law did not prohibit driving under the influence of such chemicals. What Happened in the Case In Brooklyn, Litto, the defendant, was huffing from a […]

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Will An Old DUI Show Up on a Background Check?

Yes, an old DUI will show up on a background check. A DUI Cannot be Expunged An expungement is the legal process to remove a conviction from your criminal record. A conviction that is expunged will not show up on a public background check. An expungement can only be applied for after five years following the conviction or from the release date of probation or incarceration. An expungement is a great tool for clearing up your record from […]

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