Ann Arbor Criminal Defense Blog

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

Published on: August 25, 2008 | ArborYpsi 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 had ejected just before the incident. He then pulled the trigger, later stating he though the safety was on. There turned out to be at least one more shell in the gun. The shot from the gun killed his girlfriend in an adjacent room. Hollis told police he didn’t think his girlfriend was in the adjacent room and he thought the gun was pointed at a wall.

The Law

Hollis was charged with negligent discharge of a firearm under MCL 752.861. The law states that it is a misdemeanor, punishable by up to two years in prison or one year in the county jail, to carelessly, recklessly, or negligently discharge a firearm and kill or injure another person.

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

Published on: August 17, 2008 | ArborYpsi Law

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 weapon (among other specified weapons).

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

Published on: June 27, 2007 | ArborYpsi 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 Dust-Off can while driving. Litto was driving 20 miles per hour over the speed limit and veered into oncoming traffic, hitting a car head on and killing a passenger.

What is Difluoroethane from Dust-Off?

Dust-Off is an aerosol which contains the chemical difluoroethane. Difluoroethane provides a high to those who huff the chemical. The high is similar to alcohol intoxication and can be powerful and disabling to a driver.

Will An Old DUI Show Up on a Background Check?

Published on: December 5, 0201 | ArborYpsi Law

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 something that may be holding you back from future employment or to just give you some peace of mind. However, not all convictions are eligible for an expungement.